Senator Ann Millner proposes the following substitute bill:


1     
ECONOMIC DEVELOPMENT AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to economic development.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     renames the Governor's Office of Economic Development as the Governor's Office
14     of Economic Opportunity (GO Utah office);
15          ▸     extends the deadline by which the GO Utah office must create a database to track
16     certain information related to community reinvestment agencies;
17          ▸     modifies Utah Futures by renaming the program, moving the program under the
18     Utah Board of Higher Education, and modifying certain requirements;
19          ▸     establishes the Unified Economic Opportunity Commission (commission) to
20     develop, direct, and coordinate a statewide economic development strategy;
21          ▸     modifies the duties of the GO Utah office to include implementing the statewide
22     economic development strategy developed by the commission;
23          ▸     provides the commission authority to create one or more subcommittees related to
24     specified issues;
25          ▸     creates the following commission subcommittees:

26               •     the Business and Economic Development Subcommittee, formerly called the
27     Board of Business and Economic Development; and
28               •     the Talent, Education, and Industry Alignment Subcommittee, formerly the
29     Talent Ready Utah Board;
30          ▸     modifies provisions related to economic development tax increment financing;
31          ▸     requires the GO Utah office to submit an annual report to certain state entities that
32     gives an overview of the implementation and efficacy of the statewide economic
33     development strategy;
34          ▸     creates a talent development grant program for businesses that create new
35     incremental high paying jobs in the state;
36          ▸     directs the Utah Office of Outdoor Recreation to promote all forms of outdoor
37     recreation, including vehicular and non-vehicular;
38          ▸     creates the Utah Broadband Center and addresses its operations and duties;
39          ▸     establishes the Broadband Access Grant Program;
40          ▸     repeals the Governor's Rural Partnership Board;
41          ▸     repeals the Governor's Economic Development Coordinating Council;
42          ▸     repeals the Technology Commercialization and Innovation Act;
43          ▸     repeals the Utah Business Resource Centers Act; and
44          ▸     makes technical and conforming changes.
45     Money Appropriated in this Bill:
46          This bill appropriates in fiscal year 2022:
47          ▸     to Economic Development - Business Development - Corporate Recruitment and
48     Business Services as an ongoing appropriation:
49               •     from the General Fund, $767,100;
50          ▸     to Economic Development - Business Development - Outreach and International
51     Trade as an ongoing appropriation:
52               •     from the General Fund, $75,000;
53          ▸     to Economic Development - Administration - Administration as an ongoing
54     appropriation:
55               •     from the General Fund, $75,000;
56          ▸     to the Legislature - Senate - Administration as an ongoing appropriation:

57               •     from the General Fund, $3,200; and
58          ▸     to the Legislature - House of Representatives - Administration as an ongoing
59     appropriation:
60               •     from the General Fund, $3,200.
61     Other Special Clauses:
62          This bill provides a special effective date.
63          This bill provides revisor instructions.
64          This bill provides a coordination clause.
65     Utah Code Sections Affected:
66     AMENDS:
67          9-6-903, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
68          9-9-104.6, as last amended by Laws of Utah 2020, Chapters 236 and 365
69          9-22-102, as renumbered and amended by Laws of Utah 2019, Chapter 487
70          11-17-18, as last amended by Laws of Utah 2005, Chapter 148
71          11-58-901, as enacted by Laws of Utah 2018, Chapter 179
72          11-59-302, as last amended by Laws of Utah 2020, Chapters 152 and 365
73          11-59-304, as last amended by Laws of Utah 2020, Chapter 152
74          11-59-501, as last amended by Laws of Utah 2020, Chapter 152
75          17-31-5.5, as last amended by Laws of Utah 2020, Chapter 315
76          17-31-9, as last amended by Laws of Utah 2015, Chapter 283
77          17-54-102, as enacted by Laws of Utah 2020, Chapter 360
78          17-54-103, as enacted by Laws of Utah 2020, Chapter 360
79          17C-1-603, as last amended by Laws of Utah 2019, Chapter 21
80          17D-1-507, as enacted by Laws of Utah 2008, Chapter 360
81          35A-1-104.5, as last amended by Laws of Utah 2020, Chapter 354
82          35A-1-109, as last amended by Laws of Utah 2018, Chapter 423
83          35A-1-201, as last amended by Laws of Utah 2020, Chapter 352
84          35A-6-105, as last amended by Laws of Utah 2020, Chapter 365
85          41-6a-1626, as last amended by Laws of Utah 2019, Chapter 461
86          49-11-406, as last amended by Laws of Utah 2020, Chapter 24
87          53B-1-114, as last amended by Laws of Utah 2020, Chapter 365

88          53B-1-301, as last amended by Laws of Utah 2020, Chapters 365 and 403
89          53B-7-702, as last amended by Laws of Utah 2020, Chapter 365
90          53B-7-704, as enacted by Laws of Utah 2017, Chapter 365
91          53B-8-304, as enacted by Laws of Utah 2019, Chapter 444
92          53B-10-201, as last amended by Laws of Utah 2020, Chapter 365
93          53B-10-203, as enacted by Laws of Utah 2018, Chapter 402
94          53B-26-102, as last amended by Laws of Utah 2019, Chapters 136 and 357
95          53B-26-103, as last amended by Laws of Utah 2020, Chapter 365
96          53B-26-303, as enacted by Laws of Utah 2020, Chapter 361
97          54-4-41, as enacted by Laws of Utah 2020, Chapter 217
98          59-1-403, as last amended by Laws of Utah 2020, Chapter 294
99          59-7-159, as last amended by Laws of Utah 2019, Chapters 247 and 465
100          59-7-614.2, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
101          59-7-614.5, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
102          59-7-614.10, as last amended by Laws of Utah 2020, Chapter 354
103          59-7-621, as enacted by Laws of Utah 2017, Chapter 274
104          59-7-624, as last amended by Laws of Utah 2020, Chapter 354
105          59-10-137, as last amended by Laws of Utah 2019, Chapters 247 and 465
106          59-10-1037, as last amended by Laws of Utah 2020, Chapter 354
107          59-10-1038, as enacted by Laws of Utah 2017, Chapter 274
108          59-10-1107, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
109          59-10-1108, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
110          59-10-1112, as last amended by Laws of Utah 2020, Chapter 354
111          63A-3-111, as enacted by Laws of Utah 2020, Fifth Special Session, Chapter 12
112          63B-18-401, as last amended by Laws of Utah 2019, Chapters 327, 479, and 497
113          63B-24-201, as last amended by Laws of Utah 2018, Chapter 406
114          63C-17-103, as enacted by Laws of Utah 2016, Chapter 156
115          63C-17-105, as enacted by Laws of Utah 2016, Chapter 156
116          63G-21-102, as last amended by Laws of Utah 2018, Chapter 281
117          63G-21-201, as last amended by Laws of Utah 2018, Chapter 261
118          63H-1-801, as last amended by Laws of Utah 2009, Chapters 92 and 388

119          63H-2-204, as last amended by Laws of Utah 2012, Chapter 37
120          63I-1-235, as last amended by Laws of Utah 2020, Chapters 154 and 417
121          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
122     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
123     of Utah 2020, Chapter 360
124          63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
125          63J-1-602.1, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
126          63J-4-301, as last amended by Laws of Utah 2018, Chapters 423 and 469
127          63J-4-708, as last amended by Laws of Utah 2018, Chapter 423
128          63L-2-301, as last amended by Laws of Utah 2020, Chapter 168
129          63M-5-306, as renumbered and amended by Laws of Utah 2008, Chapter 382
130          63M-6-201, as renumbered and amended by Laws of Utah 2008, Chapter 382
131          63M-6-202, as renumbered and amended by Laws of Utah 2008, Chapter 382
132          63M-6-203, as renumbered and amended by Laws of Utah 2008, Chapter 382
133          63M-11-201, as last amended by Laws of Utah 2019, Chapter 246
134          63N-2-103, as last amended by Laws of Utah 2019, Chapters 399, 465, 498 and last
135     amended by Coordination Clause, Laws of Utah 2019, Chapter 465
136          63N-2-104, as last amended by Laws of Utah 2018, Chapter 281
137          63N-2-105, as last amended by Laws of Utah 2016, Chapter 350
138          63N-2-106, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1
139          63N-2-107, as last amended by Laws of Utah 2016, Chapter 350
140          63N-2-203, as last amended by Laws of Utah 2020, Chapter 360
141          63N-2-213, as last amended by Laws of Utah 2020, Chapter 360
142          63N-2-303, as last amended by Laws of Utah 2017, Chapter 352
143          63N-2-503, as last amended by Laws of Utah 2019, Chapter 136
144          63N-2-504, as last amended by Laws of Utah 2019, Chapter 136
145          63N-2-510, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
146     amended by Laws of Utah 2015, Chapter 283
147          63N-2-512, as last amended by Laws of Utah 2016, Chapter 291
148          63N-2-808, as last amended by Laws of Utah 2016, Chapter 354
149          63N-2-810, as last amended by Laws of Utah 2016, Third Special Session, Chapter 1

150          63N-3-102, as last amended by Laws of Utah 2018, Chapter 428
151          63N-3-103, as last amended by Laws of Utah 2018, Chapters 204 and 428
152          63N-3-105, as last amended by Laws of Utah 2019, Chapter 325
153          63N-3-106, as last amended by Laws of Utah 2016, Chapters 34 and 183
154          63N-3-109, as last amended by Laws of Utah 2020, Chapter 265
155          63N-3-111, as last amended by Laws of Utah 2018, Chapter 182
156          63N-3-204, as last amended by Laws of Utah 2018, Chapter 453
157          63N-4-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
158          63N-4-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
159          63N-4-103, as renumbered and amended by Laws of Utah 2015, Chapter 283
160          63N-4-104, as last amended by Laws of Utah 2020, Chapter 360
161          63N-4-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
162          63N-4-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
163          63N-4-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
164          63N-4-403, as enacted by Laws of Utah 2018, Chapter 340
165          63N-4-704, as enacted by Laws of Utah 2020, Chapter 360
166          63N-7-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
167          63N-8-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
168          63N-8-103, as last amended by Laws of Utah 2019, First Special Session, Chapter 3
169          63N-8-104, as last amended by Laws of Utah 2020, Chapter 357
170          63N-8-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
171          63N-9-104, as last amended by Laws of Utah 2016, Chapter 88
172          63N-9-106, as last amended by Laws of Utah 2019, Chapter 506
173          63N-9-203, as last amended by Laws of Utah 2017, Chapter 166
174          63N-9-403, as enacted by Laws of Utah 2019, Chapter 506
175          63N-13-101, as renumbered and amended by Laws of Utah 2015, Chapter 283
176          63N-15-103, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 19
177          72-1-209, as last amended by Laws of Utah 2005, Chapter 148
178          72-4-302, as last amended by Laws of Utah 2019, Chapter 246
179          72-7-504, as last amended by Laws of Utah 2017, Chapter 260
180          79-4-1103, as last amended by Laws of Utah 2015, Chapter 283

181     ENACTS:
182          53B-30-101, Utah Code Annotated 1953
183          53B-30-102, Utah Code Annotated 1953
184          63N-1a-103, Utah Code Annotated 1953
185          63N-1a-201, Utah Code Annotated 1953
186          63N-1a-202, Utah Code Annotated 1953
187          63N-1b-101, Utah Code Annotated 1953
188          63N-1b-102, Utah Code Annotated 1953
189          63N-3-112, Utah Code Annotated 1953
190          63N-16-101, Utah Code Annotated 1953
191          63N-16-102, Utah Code Annotated 1953
192          63N-16-201, Utah Code Annotated 1953
193          63N-16-301, Utah Code Annotated 1953
194          63N-16-302, Utah Code Annotated 1953
195     RENUMBERS AND AMENDS:
196          53B-30-201, (Renumbered from 63N-12-509, as renumbered and amended by Laws of
197     Utah 2019, Chapter 246)
198          63N-1a-101, (Renumbered from 63N-1-101, as renumbered and amended by Laws of
199     Utah 2015, Chapter 283)
200          63N-1a-102, (Renumbered from 63N-1-102, as last amended by Laws of Utah 2019,
201     Chapter 465)
202          63N-1a-301, (Renumbered from 63N-1-201, as last amended by Laws of Utah 2019,
203     Chapter 246)
204          63N-1a-302, (Renumbered from 63N-1-202, as last amended by Laws of Utah 2020,
205     Chapter 352)
206          63N-1a-303, (Renumbered from 63N-1-203, as last amended by Laws of Utah 2018,
207     Chapter 423)
208          63N-1a-304, (Renumbered from 63N-1-204, as renumbered and amended by Laws of
209     Utah 2015, Chapter 283)
210          63N-1a-305, (Renumbered from 63N-1-205, as enacted by Laws of Utah 2020, Chapter
211     154)

212          63N-1a-306, (Renumbered from 63N-1-301, as last amended by Laws of Utah 2020,
213     Chapter 365)
214          63N-1b-201, (Renumbered from 63N-1-401, as last amended by Laws of Utah 2020,
215     Chapters 352 and 373)
216          63N-1b-202, (Renumbered from 63N-1-402, as renumbered and amended by Laws of
217     Utah 2015, Chapter 283)
218          63N-1b-301, (Renumbered from 63N-12-503, as last amended by Laws of Utah 2020,
219     Chapter 365)
220          63N-1b-302, (Renumbered from 63N-12-502, as enacted by Laws of Utah 2018,
221     Chapter 423)
222          63N-1b-303, (Renumbered from 63N-12-504, as last amended by Laws of Utah 2019,
223     Chapter 427)
224          63N-1b-304, (Renumbered from 63N-12-505, as last amended by Laws of Utah 2020,
225     Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
226     365)
227          63N-1b-305, (Renumbered from 63N-12-506, as last amended by Laws of Utah 2020,
228     Sixth Special Session, Chapter 19)
229          63N-1b-306, (Renumbered from 63N-12-507, as last amended by Laws of Utah 2020,
230     Chapter 164 and last amended by Coordination Clause, Laws of Utah 2020, Chapter
231     365)
232          63N-1b-307, (Renumbered from 63N-12-508, as last amended by Laws of Utah 2020,
233     Sixth Special Session, Chapter 19)
234          63N-16-202, (Renumbered from 63N-3-501, as enacted by Laws of Utah 2018, Chapter
235     182)
236     REPEALS:
237          63C-10-101, as enacted by Laws of Utah 2004, Chapter 73
238          63C-10-102, as last amended by Laws of Utah 2014, Chapter 259
239          63C-10-103, as last amended by Laws of Utah 2020, Chapter 360
240          63N-1-501, as last amended by Laws of Utah 2020, Chapters 352, 354, and 360
241          63N-1-502, as renumbered and amended by Laws of Utah 2015, Chapter 283
242          63N-3-108, as renumbered and amended by Laws of Utah 2015, Chapter 283

243          63N-3-109.5, as enacted by Laws of Utah 2016, Chapter 34
244          63N-3-201, as renumbered and amended by Laws of Utah 2015, Chapter 283
245          63N-3-202, as renumbered and amended by Laws of Utah 2015, Chapter 283
246          63N-3-203, as renumbered and amended by Laws of Utah 2015, Chapter 283
247          63N-3-205, as renumbered and amended by Laws of Utah 2015, Chapter 283
248          63N-3-301, as renumbered and amended by Laws of Utah 2015, Chapter 283
249          63N-3-302, as renumbered and amended by Laws of Utah 2015, Chapter 283
250          63N-3-303, as renumbered and amended by Laws of Utah 2015, Chapter 283
251          63N-3-304, as last amended by Laws of Utah 2016, Chapter 253
252          63N-3-305, as last amended by Laws of Utah 2016, Chapter 253
253          63N-3-306, as last amended by Laws of Utah 2016, Chapter 253
254          63N-3-307, as last amended by Laws of Utah 2016, Chapter 253
255          63N-12-501, as last amended by Laws of Utah 2020, Chapter 164
256     Utah Code Sections Affected by Coordination Clause:
257          63N-2-104, as last amended by Laws of Utah 2018, Chapter 281
258     

259     Be it enacted by the Legislature of the state of Utah:
260          Section 1. Section 9-6-903 is amended to read:
261          9-6-903. Duties of the division.
262          (1) As soon as is practicable but on or before July 31, 2020, the division shall:
263          (a) establish an application process by which a qualified organization may apply for a
264     grant under this part, which application shall include:
265          (i) a declaration, signed under penalty of perjury, that the application is complete, true,
266     and correct and any estimates about the net costs to provide the cultural, artistic, botanical,
267     recreational, or zoological activity are made in good faith;
268          (ii) an acknowledgment that the qualified organization is subject to audit; and
269          (iii) a plan for providing the activity described in Subsection 9-6-902(2)(a);
270          (b) establish a method for the office, in consultation with the Governor's Office of
271     Economic [Development] Opportunity for recreational applicants, to determine which
272     applicants are eligible to receive a grant;
273          (c) establish a formula to award grant funds; and

274          (d) report the information described in Subsections (1)(a) through (c) to the director of
275     the Division of Finance.
276          (2) The division shall:
277          (a) participate in the presentation that the director of the Division of Finance provides
278     to the legislative committee under Section 63A-3-111; and
279          (b) consider any recommendations for adjustments to the grant program from the
280     legislative committee.
281          (3) Subject to appropriation, beginning on August 5, 2020, the division shall:
282          (a) collect applications for grant funds from qualified organizations;
283          (b) determine, in consultation with the Governor's Office of Economic [Development]
284     Opportunity for recreational applicants, which applicants meet the eligibility requirements for
285     receiving a grant; and
286          (c) award the grant funds:
287          (i) (A) after an initial application period that ends on or before August 31, 2020; and
288          (B) if funds remain after the initial application period, on a rolling basis until the
289     earlier of funds being exhausted or December 30, 2020; and
290          (ii) in accordance with the process established under Subsection (1) and the limit
291     described in Subsection 9-6-902(3).
292          (4) The division shall encourage any qualified organization that receives grant funds to
293     commit to following best practices to protect the health and safety of the qualified
294     organization's employees and customers.
295          (5) (a) The division may audit a qualified organization's reported net cost to provide a
296     cultural, artistic, botanical, recreational, or zoological activity.
297          (b) The division may recapture grant funds if, after audit, the division determines that:
298          (i) if a qualified organization made representations about the qualified organization's
299     actual net cost to provide the cultural, artistic, botanical, recreational, or zoological activity, the
300     representations are not complete, true, and correct; or
301          (ii) if a qualified organization made representations about the qualified organization's
302     estimated net cost to provide the cultural, artistic, botanical, recreational, or zoological activity,
303     the representations are not made in good faith.
304          (c) (i) A qualified organization that is subject to recapture shall pay to the Division of

305     Finance a penalty equal to the amount of the grant recaptured multiplied by the applicable
306     income tax rate in Section 59-7-104 or 59-10-104.
307          (ii) The Division of Finance shall deposit the penalty into the Education Fund.
308          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
309     division may make rules to administer the grant program.
310          Section 2. Section 9-9-104.6 is amended to read:
311          9-9-104.6. Participation of state agencies in meetings with tribal leaders --
312     Contact information.
313          (1) For at least three of the joint meetings described in Subsection 9-9-104.5(2)(a), the
314     division shall coordinate with representatives of tribal governments and the entities listed in
315     Subsection (2) to provide for the broadest participation possible in the joint meetings.
316          (2) The following may participate in all meetings described in Subsection (1):
317          (a) the chairs of the Native American Legislative Liaison Committee created in Section
318     36-22-1;
319          (b) the governor or the governor's designee;
320          (c) the American Indian-Alaska Native Health Liaison appointed in accordance with
321     Section 26-7-2.5;
322          (d) the American Indian-Alaska Native Public Education Liaison appointed in
323     accordance with Section 53F-5-604; and
324          (e) a representative appointed by the chief administrative officer of the following:
325          (i) the Department of Human Services;
326          (ii) the Department of Natural Resources;
327          (iii) the Department of Workforce Services;
328          (iv) the Governor's Office of Economic [Development] Opportunity;
329          (v) the State Board of Education; and
330          (vi) the Utah Board of Higher Education.
331          (3) (a) The chief administrative officer of the agencies listed in Subsection (3)(b) shall:
332          (i) designate the name of a contact person for that agency that can assist in coordinating
333     the efforts of state and tribal governments in meeting the needs of the Native Americans
334     residing in the state; and
335          (ii) notify the division:

336          (A) who is the designated contact person described in Subsection (3)(a)(i); and
337          (B) of any change in who is the designated contact person described in Subsection
338     (3)(a)(i).
339          (b) This Subsection (3) applies to:
340          (i) the Department of Agriculture and Food;
341          (ii) the Department of Heritage and Arts;
342          (iii) the Department of Corrections;
343          (iv) the Department of Environmental Quality;
344          (v) the Department of Public Safety;
345          (vi) the Department of Transportation;
346          (vii) the Office of the Attorney General;
347          (viii) the State Tax Commission; and
348          (ix) any agency described in Subsections (2)(c) through (e).
349          (c) At the request of the division, a contact person listed in Subsection (3)(b) may
350     participate in a meeting described in Subsection (1).
351          (4) (a) A participant under this section who is not a legislator may not receive
352     compensation or benefits for the participant's service, but may receive per diem and travel
353     expenses as allowed in:
354          (i) Section 63A-3-106;
355          (ii) Section 63A-3-107; and
356          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
357     63A-3-107.
358          (b) Compensation and expenses of a participant who is a legislator are governed by
359     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
360          Section 3. Section 9-22-102 is amended to read:
361          9-22-102. Definitions.
362          As used in this chapter:
363          (1) "Computing partnerships" means a set of skills, knowledge, and aptitudes used in
364     computer science, information technology, or computer engineering courses and career options.
365          (2) "Director" means the director appointed by the STEM board to oversee the
366     administration of the STEM Action Center.

367          (3) "Educator" means the same as that term is defined in Section 53E-6-102.
368          (4) "Foundation" means a foundation established as described in Subsections
369     9-22-104(3) and (4).
370          (5) "Fund" means the STEM Action Center Foundation Fund created in Section
371     9-22-105.
372          (6) "Grant program" means the Computing Partnerships Grants program created in this
373     part.
374          (7) "High quality professional development" means professional development that
375     meets high quality standards developed by the State Board of Education.
376          (8) "Institution of higher education" means an institution listed in Section 53B-1-102.
377          (9) "K-16" means kindergarten through grade 12 and post-secondary education
378     programs.
379          (10) "Provider" means a provider selected on behalf of the STEM board by the staff of
380     the STEM board and the staff of the State Board of Education:
381          (a) through a request for proposals process; or
382          (b) through a direct award or sole source procurement process for a pilot described in
383     Section 9-22-107.
384          (11) "Review committee" means the committee established under Section 9-22-114.
385          (12) "Stacked credentials" means credentials that:
386          (a) an individual can build upon to access an advanced job or higher wage;
387          (b) are part of a career pathway system;
388          (c) provide a pathway culminating in the equivalent of an associate's or bachelor's
389     degree;
390          (d) facilitate multiple exit and entry points; and
391          (e) recognize sub-goals or momentum points.
392          (13) "STEM" means science, technology, engineering, and mathematics.
393          (14) "STEM Action Center" means the center described in Section 9-22-106.
394          (15) "STEM board" means the STEM Action Center Board created in Section
395     9-22-103.
396          (16) "Talent Ready [Utah] Program" means the Talent Ready Utah [Center] Program
397     created in Section [63N-12-502] 63N-1b-302.

398          Section 4. Section 11-17-18 is amended to read:
399          11-17-18. Powers of Governor's Office of Economic Opportunity.
400          For purposes of this chapter and for the purposes of the Utah Interlocal Cooperation
401     Act, the Governor's Office of Economic [Development] Opportunity has all the powers set out
402     in this chapter of, and is subject to the same limitations as, a municipality as though the office
403     were defined as a municipality for purposes of this chapter, but it shall have such powers with
404     respect to economic development or new venture investment fund projects only. It is not
405     authorized to exercise such powers in any manner which will create general obligations of the
406     state or any agency, department, division, or political subdivision thereof.
407          Section 5. Section 11-58-901 is amended to read:
408          11-58-901. Dissolution of port authority -- Restrictions -- Notice of dissolution --
409     Disposition of port authority property -- Port authority records -- Dissolution expenses.
410          (1) The authority may not be dissolved unless the authority has no outstanding bonded
411     indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
412     obligations with persons or entities other than the state.
413          (2) Upon the dissolution of the authority:
414          (a) the Governor's Office of Economic [Development] Opportunity shall publish a
415     notice of dissolution:
416          (i) in a newspaper of general circulation in the county in which the dissolved authority
417     is located; and
418          (ii) as required in Section 45-1-101; and
419          (b) all title to property owned by the authority vests in the state.
420          (3) The books, documents, records, papers, and seal of each dissolved authority shall
421     be deposited for safekeeping and reference with the state auditor.
422          (4) The authority shall pay all expenses of the deactivation and dissolution.
423          Section 6. Section 11-59-302 is amended to read:
424          11-59-302. Number of board members -- Appointment -- Vacancies -- Chairs.
425          (1) The board shall consist of 11 members as provided in Subsection (2).
426          (2) (a) The president of the Senate shall appoint two members of the Senate to serve as
427     members of the board.
428          (b) The speaker of the House of Representatives shall appoint two members of the

429     House of Representatives to serve as members of the board.
430          (c) The governor shall appoint four individuals to serve as members of the board:
431          (i) one of whom shall be a member of the board of or employed by the Governor's
432     Office of Economic [Development] Opportunity, created in Section [63N-1-201] 63N-1a-301;
433     and
434          (ii) one of whom shall be an employee of the Division of Facilities Construction and
435     Management, created in Section 63A-5b-301.
436          (d) The Salt Lake County mayor shall appoint one board member, who shall be an
437     elected Salt Lake County government official.
438          (e) The mayor of Draper, or a member of the Draper city council that the mayor
439     designates, shall serve as a board member.
440          (f) The commissioner of higher education, appointed under Section 53B-1-408, or the
441     commissioner's designee, shall serve as a board member.
442          (3) (a) (i) Subject to Subsection (3)(a)(ii), a vacancy on the board shall be filled in the
443     same manner under this section as the appointment of the member whose vacancy is being
444     filled.
445          (ii) If the mayor of Draper or commissioner of higher education is removed as a board
446     member under Subsection (5), the mayor of Draper or commissioner of higher education, as the
447     case may be, shall designate an individual to serve as a member of the board, as provided in
448     Subsection (2)(e) or (f), respectively.
449          (b) Each person appointed or designated to fill a vacancy shall serve the remaining
450     unexpired term of the member whose vacancy the person is filling.
451          (4) A member of the board appointed by the governor, president of the Senate, or
452     speaker of the House of Representatives serves at the pleasure of and may be removed and
453     replaced at any time, with or without cause, by the governor, president of the Senate, or speaker
454     of the House of Representatives, respectively.
455          (5) A member of the board may be removed by a vote of two-thirds of all members of
456     the board.
457          (6) (a) The governor shall appoint one board member to serve as cochair of the board.
458          (b) The president of the Senate and speaker of the House of Representatives shall
459     jointly appoint one legislative member of the board to serve as cochair of the board.

460          Section 7. Section 11-59-304 is amended to read:
461          11-59-304. Staff and other support services -- Cooperation from state and local
462     government entities.
463          (1) As used in this section:
464          (a) "Division" means the Division of Facilities Construction and Management, created
465     in Section 63A-5b-301.
466          (b) "Office" means the Governor's Office of Economic [Development] Opportunity,
467     created in Section [63N-1-201] 63N-1a-301.
468          (2) If and as requested by the board:
469          (a) the division shall:
470          (i) provide staff support to the board; and
471          (ii) make available to the board existing division resources and expertise to assist the
472     board in the development, marketing, and disposition of the point of the mountain state land;
473     and
474          (b) the office shall cooperate with and provide assistance to the board in the board's:
475          (i) formulation of a development plan for the point of the mountain state land; and
476          (ii) management and implementation of a development plan, including the marketing
477     of property and recruitment of businesses and others to locate on the point of the mountain
478     state land.
479          (3) A department, division, or other agency of the state and a political subdivision of
480     the state shall cooperate with the authority and the board to the fullest extent possible to
481     provide whatever support, information, or other assistance the board requests that is reasonably
482     necessary to help the authority fulfill its duties and responsibilities under this chapter.
483          Section 8. Section 11-59-501 is amended to read:
484          11-59-501. Dissolution of authority -- Restrictions -- Publishing notice of
485     dissolution -- Authority records -- Dissolution expenses.
486          (1) The authority may not be dissolved unless:
487          (a) the authority board first receives approval from the Legislative Management
488     Committee of the Legislature to dissolve the authority; and
489          (b) the authority has no outstanding bonded indebtedness, other unpaid loans,
490     indebtedness, or advances, and no legally binding contractual obligations with persons or

491     entities other than the state.
492          (2) To dissolve the authority, the board shall:
493          (a) obtain the approval of the Legislative Management Committee of the Legislature;
494     and
495          (b) adopt a resolution dissolving the authority, to become effective as provided in the
496     resolution.
497          (3) Upon the dissolution of the authority:
498          (a) the Governor's Office of Economic [Development] Opportunity shall publish a
499     notice of dissolution:
500          (i) in a newspaper of general circulation in the county in which the dissolved authority
501     is located; and
502          (ii) as required in Section 45-1-101; and
503          (b) all title to property owned by the authority vests in the Division of Facilities
504     Construction and Management, created in Section 63A-5b-301, for the benefit of the state.
505          (4) The board shall deposit all books, documents, records, papers, and seal of the
506     dissolved authority with the state auditor for safekeeping and reference.
507          (5) The authority shall pay all expenses of the deactivation and dissolution.
508          Section 9. Section 17-31-5.5 is amended to read:
509          17-31-5.5. Report to county legislative body -- Content.
510          (1) The legislative body of each county that imposes a transient room tax under Section
511     59-12-301 or a tourism, recreation, cultural, convention, and airport facilities tax under Section
512     59-12-603 shall prepare annually a report in accordance with Subsection (2).
513          (2) The report described in Subsection (1) shall include a breakdown of expenditures
514     into the following categories:
515          (a) for the transient room tax, identification of expenditures for:
516          (i) establishing and promoting:
517          (A) recreation;
518          (B) tourism;
519          (C) film production; and
520          (D) conventions;
521          (ii) acquiring, leasing, constructing, furnishing, or operating:

522          (A) convention meeting rooms;
523          (B) exhibit halls;
524          (C) visitor information centers;
525          (D) museums; and
526          (E) related facilities;
527          (iii) acquiring or leasing land required for or related to the purposes listed in
528     Subsection (2)(a)(ii);
529          (iv) mitigation costs as identified in Subsection 17-31-2(2)(d); and
530          (v) making the annual payment of principal, interest, premiums, and necessary reserves
531     for any or the aggregate of bonds issued to pay for costs referred to in Subsections
532     17-31-2(2)(e) and (5)(a); and
533          (b) for the tourism, recreation, cultural, convention, and airport facilities tax,
534     identification of expenditures for:
535          (i) financing tourism promotion, which means an activity to develop, encourage,
536     solicit, or market tourism that attracts transient guests to the county, including planning,
537     product development, and advertising;
538          (ii) the development, operation, and maintenance of the following facilities as defined
539     in Section 59-12-602:
540          (A) an airport facility;
541          (B) a convention facility;
542          (C) a cultural facility;
543          (D) a recreation facility; and
544          (E) a tourist facility; and
545          (iii) a pledge as security for evidences of indebtedness under Subsection 59-12-603(3).
546          (3) For the transient room tax, the report described in Subsection (1) shall include a
547     breakdown of each expenditure described in Subsection (2)(a)(i), including:
548          (a) whether the expenditure was used for in-state and out-of-state promotion efforts;
549          (b) an explanation of how the expenditure targeted a cost created by tourism; and
550          (c) an accounting of the expenditure showing that the expenditure was used only for
551     costs directly related to a cost created by tourism.
552          (4) A county legislative body shall provide a copy of the report described in Subsection

553     (1) to:
554          (a) the Utah Office of Tourism within the Governor's Office of Economic
555     [Development] Opportunity;
556          (b) its tourism tax advisory board; and
557          (c) the Office of the Legislative Fiscal Analyst.
558          Section 10. Section 17-31-9 is amended to read:
559          17-31-9. Payment to Stay Another Day and Bounce Back Fund and Hotel Impact
560     Mitigation Fund.
561          A county in which a qualified hotel, as defined in Section 63N-2-502, is located shall:
562          (1) make an annual payment to the Division of Finance:
563          (a) for deposit into the Stay Another Day and Bounce Back Fund, established in
564     Section 63N-2-511;
565          (b) for any year in which the Governor's Office of Economic [Development issues a tax
566     credit certificate] Opportunity provides a convention incentive, as defined in Section
567     63N-2-502; and
568          (c) in the amount of 5% of the state portion, as defined in Section 63N-2-502; and
569          (2) make payments to the Division of Finance:
570          (a) for deposit into the Hotel Impact Mitigation Fund, created in Section 63N-2-512;
571          (b) for each year described in Subsection 63N-2-512(5)(a)(ii) during which the balance
572     of the Hotel Impact Mitigation Fund, defined in Section 63N-2-512, is less than $2,100,000
573     before any payment for that year under Subsection 63N-2-512(5)(a); and
574          (c) in the amount of the difference between $2,100,000 and the balance of the Hotel
575     Impact Mitigation Fund, defined in Section 63N-2-512, before any payment for that year under
576     Subsection 63N-2-512(5)(a).
577          Section 11. Section 17-54-102 is amended to read:
578          17-54-102. Definitions.
579          (1) "CED board" means a County Economic Development Advisory Board as
580     described in Section 17-54-104.
581          (2) "Center for Rural Development" means the Center for Rural Development created
582     in Section 63N-4-102.
583          (3) "GO Utah board" means the Business and Economic Development Subcommittee

584     created in Section 63N-1b-202.
585          [(2)] (4) "Grant" means a grant available under the Rural County Grant Program
586     created in Section 17-54-103.
587          [(3)] (5) "Grant program" means the Rural County Grant Program created in Section
588     17-54-103.
589          [(4) "Office of Rural Development" means the Office of Rural Development created
590     within the Governor's Office of Economic Development in Section 63N-4-102.]
591          [(5)] (6) "Rural county" means a county of the third, fourth, fifth, or sixth class.
592          [(6) "Rural partnership board" means the Governor's Rural Partnership Board created
593     in Section 63C-10-102.]
594          Section 12. Section 17-54-103 is amended to read:
595          17-54-103. Rural County Grant Program.
596          (1) There is created the Rural County Grant Program.
597          (2) The grant program shall be overseen by the [rural partnership] GO Utah board and
598     administered by the [Office of] Center for Rural Development.
599          (3) (a) In overseeing the grant program, the [rural partnership] GO Utah board shall
600     recommend the awarding of grants to rural counties to address the economic development
601     needs of rural counties, in accordance with the provisions of this chapter, which needs may
602     include:
603          (i) business recruitment, development, and expansion;
604          (ii) workforce training and development; and
605          (iii) infrastructure, industrial building development, and capital facilities improvements
606     for business development.
607          (b) After reviewing the recommendations of the [rural partnership] GO Utah board, the
608     executive director of the Governor's Office of Economic [Development] Opportunity shall
609     award grants to rural counties in accordance with the provisions of this chapter.
610          (4) Subject to appropriations from the Legislature and subject to the reporting and
611     other requirements of this chapter, grant money shall be distributed:
612          (a) equally between all rural counties that have created a CED board, in an amount up
613     to and including $200,000 annually per county; and
614          (b) for grant money that is available after $200,000 has been provided annually to each

615     eligible rural county, through the process described in Subsection (6).
616          (5) Beginning in 2021, a rural county may not receive an additional grant under this
617     chapter unless the rural county:
618          (a) demonstrates a funding match, which may include a funding match provided by any
619     combination of a community reinvestment agency, redevelopment agency, community
620     development and renewal agency, private-sector entity, nonprofit entity, federal matching
621     grant, county or municipality general fund match, or in-kind match, and that totals:
622          (i) a 10% match for a county of the sixth class;
623          (ii) a 20% match for a county of the fifth class;
624          (iii) a 30% match for a county of the fourth class; and
625          (iv) a 40% match for a county of the third class; and
626          (b) has complied with the reporting requirements required by the [rural partnership]
627     GO Utah board and the reporting requirements described in Subsection (9) for all previous
628     years that the county has received a grant.
629          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
630     [Office of] Center for Rural Development in collaboration with the [rural partnership] GO Utah
631     board shall make rules establishing the eligibility and reporting criteria for a rural county to
632     receive grant money under Subsection (4)(b), including:
633          (a) the form and process for a county to submit an application to the [rural partnership]
634     GO Utah board for a grant;
635          (b) the method of scoring and prioritizing grant program applications from rural
636     counties;
637          (c) the reporting, auditing, and post-performance requirements for a rural county that
638     receives grant money; and
639          (d) any deadlines that shall be met by a rural county when applying for a grant.
640          (7) In determining the award of grant money under Subsection (4)(b), the [rural
641     partnership] GO Utah board may not recommend the awarding of more than $800,000 annually
642     to a rural county.
643          (8) In determining the recommended award of grant money under Subsection (4)(b),
644     the [rural partnership] GO Utah board may prioritize applications that demonstrate any
645     combination of the following:

646          (a) that the county has or is actively pursuing the creation of an effective strategic
647     economic development plan;
648          (b) consistency with local economic development priorities;
649          (c) economic need;
650          (d) utilization of local financial or in-kind resources in combination with a grant;
651          (e) evidence that jobs will be created; and
652          (f) evidence that there will be a positive return on investment.
653          (9) On or before September 1 of each year, a county that has received a grant under this
654     chapter in the previous 12 months shall provide a written report to the [rural partnership] GO
655     Utah board that describes:
656          (a) the amount of grant money the county has received;
657          (b) how grant money has been distributed by the county, including what companies or
658     entities have utilized grant money, how much grant money each company or entity has
659     received, and how each company or entity has used the money;
660          (c) an evaluation of the effectiveness of awarded grants in improving economic
661     development in the county, including the number of jobs created, infrastructure that has been
662     created, and capital improvements in the county;
663          (d) how much matching money has been utilized by the county and what entities have
664     provided the matching money; and
665          (e) any other reporting, auditing, or post-performance requirements established by the
666     [Office of] Center for Rural Development in collaboration with the [rural partnership] GO Utah
667     board under Subsection (6).
668          (10) The [Office of] Center for Rural Development shall compile the reported
669     information and provide a written report to the Governor's Office of Economic [Development]
670     Opportunity for inclusion in the Governor's Office of Economic [Development's] Opportunity's
671     annual written report described in Section [63N-1-301] 63N-1a-306.
672          Section 13. Section 17C-1-603 is amended to read:
673          17C-1-603. Reporting requirements -- Governor's Office of Economic
674     Opportunity to maintain a database.
675          (1) On or before [June 30, 2021] June 1, 2022, the Governor's Office of Economic
676     [Development] Opportunity shall:

677          (a) create a database to track information for each agency located within the state; and
678          (b) make the database publicly accessible from the office's website.
679          (2) (a) The Governor's Office of Economic [Development] Opportunity may:
680          (i) contract with a third party to create and maintain the database described in
681     Subsection (1); and
682          (ii) charge a fee for a county, city, or agency to provide information to the database
683     described in Subsection (1).
684          (b) The Governor's Office of Economic [Development] Opportunity shall make rules,
685     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a
686     fee schedule for the fee described in Subsection (2)(a)(ii).
687          (3) Beginning in [2021] 2022, on or before [December 31] June 30 of each calendar
688     year, an agency shall, for each active project area for which the project area funds collection
689     period has not expired, provide to the database described in Subsection (1) the following
690     information:
691          (a) an assessment of the change in marginal value, including:
692          (i) the base year;
693          (ii) the base taxable value;
694          (iii) the prior year's assessed value;
695          (iv) the estimated current assessed value;
696          (v) the percentage change in marginal value; and
697          (vi) a narrative description of the relative growth in assessed value;
698          (b) the amount of project area funds the agency received for each year of the project
699     area funds collection period, including:
700          (i) a comparison of the actual project area funds received for each year to the amount of
701     project area funds forecasted for each year when the project area was created, if available;
702          (ii) (A) the agency's historical receipts of project area funds, including the tax year for
703     which the agency first received project area funds from the project area; or
704          (B) if the agency has not yet received project area funds from the project area, the year
705     in which the agency expects each project area funds collection period to begin;
706          (iii) a list of each taxing entity that levies or imposes a tax within the project area and a
707     description of the benefits that each taxing entity receives from the project area; and

708          (iv) the amount paid to other taxing entities under Section 17C-1-410, if applicable;
709          (c) a description of current and anticipated project area development, including:
710          (i) a narrative of any significant project area development, including infrastructure
711     development, site development, participation agreements, or vertical construction; and
712          (ii) other details of development within the project area, including:
713          (A) the total developed acreage;
714          (B) the total undeveloped acreage;
715          (C) the percentage of residential development; and
716          (D) the total number of housing units authorized, if applicable;
717          (d) the project area budget , if applicable, or other project area funds analyses,
718     including:
719          (i) each project area funds collection period, including:
720          (A) the start and end date of the project area funds collection period; and
721          (B) the number of years remaining in each project area funds collection period;
722          (ii) the amount of project area funds the agency is authorized to receive from the
723     project area cumulatively and from each taxing entity, including:
724          (A) the total dollar amount; and
725          (B) the percentage of the total amount of project area funds generated within the
726     project area;
727          (iii) the remaining amount of project area funds the agency is authorized to receive
728     from the project area cumulatively and from each taxing entity; and
729          (iv) the amount of project area funds the agency is authorized to use to pay for the
730     agency's administrative costs, as described in Subsection 17C-1-409(1), including:
731          (A) the total dollar amount; and
732          (B) the percentage of the total amount of all project area funds;
733          (e) the estimated amount of project area funds that the agency is authorized to receive
734     from the project area for the current calendar year;
735          (f) the estimated amount of project area funds to be paid to the agency for the next
736     calendar year;
737          (g) a map of the project area; and
738          (h) any other relevant information the agency elects to provide.

739          (4) (a) Until the Governor's Office of Economic [Development] Opportunity creates a
740     database as required in Subsection (1), an agency shall, on or before November 1 of each
741     calendar year, electronically submit a report to:
742          (i) the community in which the agency operates;
743          (ii) the county auditor;
744          (iii) the State Tax Commission;
745          (iv) the State Board of Education; and
746          (v) each taxing entity from which the agency receives project area funds.
747          (b) An agency shall ensure that the report described in Subsection (4)(a):
748          (i) contains the same information described in Subsection (3); and
749          (ii) is posted on the website of the community in which the agency operates.
750          (5) Any information an agency submits in accordance with this section:
751          (a) is for informational purposes only; and
752          (b) does not alter the amount of project area funds that an agency is authorized to
753     receive from a project area.
754          (6) The provisions of this section apply regardless of when the agency or project area is
755     created.
756          Section 14. Section 17D-1-507 is amended to read:
757          17D-1-507. Guaranteed bonds.
758          (1) Before a special service district may issue guaranteed bonds:
759          (a) the special service district shall:
760          (i) obtain a report:
761          (A) prepared by:
762          (I) a qualified, registered architect or engineer; or
763          (II) a person qualified by experience appropriate to the project proposed to be funded
764     by the proceeds from the guaranteed bonds;
765          (B) setting forth:
766          (I) a description of the project proposed to be funded by the proceeds from the
767     guaranteed bonds;
768          (II) the estimated or, if available, the actual cost of the project;
769          (III) the principal amount and date and amount of each stated maturity of:

770          (Aa) the guaranteed bonds to be issued; and
771          (Bb) any outstanding guaranteed bonds of the special service district;
772          (IV) the interest rate or rates of any outstanding guaranteed bonds of the special service
773     district;
774          (V) the amount of the annual debt service for each year during the life of all
775     outstanding guaranteed bonds issued by the special service district;
776          (VI) the estimated amount of the annual debt service for each year during the life of all
777     guaranteed bonds that the special service district intends to issue to finance all or any part of
778     the project; and
779          (VII) the date or estimated date that the project will be complete; and
780          (ii) submit to the Governor's Office of Economic [Development] Opportunity:
781          (A) the report described in Subsection (1)(a)(i);
782          (B) a copy of each proposed guarantee of the guaranteed bonds, certified by the special
783     service district;
784          (C) a legal opinion indicating that each guarantee, when executed, will be the legal and
785     binding obligation of the taxpayer executing the guarantee in accordance with the terms of the
786     guarantee; and
787          (D) evidence satisfactory to the Governor's Office of Economic [Development]
788     Opportunity from each taxpayer executing a guarantee of the guaranteed bonds as to the
789     financial ability of the taxpayer to perform under the guarantee;
790          (b) the Governor's Office of Economic [Development] Opportunity shall, if it approves
791     the issuance of the guaranteed bonds, deliver to the special service district governing body a
792     written statement of its approval; and
793          (c) the special service district governing body shall file the written approval statement
794     under Subsection (1)(b) with the recorder of the county in which the special service district is
795     located.
796          (2) The issuance of guaranteed bonds is conditioned upon the approval of special
797     service district voters at an election held for that purpose as provided in Title 11, Chapter 14,
798     Local Government Bonding Act.
799          (3) Guaranteed bonds that have been issued and remain outstanding shall be included
800     in the determination of the debt limit under Subsection 17D-1-502(4) if the bonds by their

801     terms no longer enjoy the benefit of the guarantee.
802          (4) On July 1 of each year, the governing body shall file with the department of
803     community affairs a report certifying:
804          (a) the total amount of bonds issued by the special service district and other debt then
805     outstanding and subject to the debt limit of Subsection 17D-1-502(4);
806          (b) the total amount of guaranteed bonds then outstanding and not subject to the debt
807     limit of Subsection 17D-1-502(4); and
808          (c) the total amount of guaranteed bonds that, during the preceding 12 months,
809     discontinued to enjoy the benefit of the guarantee.
810          Section 15. Section 35A-1-104.5 is amended to read:
811          35A-1-104.5. Other department duties -- Strategic plan for health system reform
812     -- Reporting suspected misuse of a Social Security number.
813          (1) The department shall work with the Department of Health, the Insurance
814     Department, the Governor's Office of Economic [Development] Opportunity, and the
815     Legislature to develop the health system reform.
816          (2) In the process of determining an individual's eligibility for a public benefit or
817     service under this title or under federal law, if the department determines that a valid social
818     security number is being used by an unauthorized individual, the department shall:
819          (a) inform the individual who the department determines to be the likely actual owner
820     of the social security number or, if the likely actual owner is a minor, the minor's parent or
821     guardian, of the suspected misuse; and
822          (b) subject to federal law, provide information of the suspected misuse to an
823     appropriate law enforcement agency responsible for investigating identity fraud.
824          (3) If the department learns or determines that providing information under Subsection
825     (2)(b) is prohibited by federal law, the department shall notify the Legislative Management
826     Committee.
827          Section 16. Section 35A-1-109 is amended to read:
828          35A-1-109. Annual report -- Content -- Format.
829          (1) The department shall prepare and submit to the governor and the Legislature, by
830     October 1 of each year, an annual written report of the operations, activities, programs, and
831     services of the department, including its divisions, offices, boards, commissions, councils, and

832     committees, for the preceding fiscal year.
833          (2) For each operation, activity, program, or service provided by the department, the
834     annual report shall include:
835          (a) a description of the operation, activity, program, or service;
836          (b) data and metrics:
837          (i) selected and used by the department to measure progress, performance,
838     effectiveness, and scope of the operation, activity, program, or service, including summary
839     data; and
840          (ii) that are consistent and comparable for each state operation, activity, program, or
841     service that primarily involves employment training or placement as determined by the
842     executive directors of the department, the Governor's Office of Economic [Development]
843     Opportunity, and the Governor's Office of Management and Budget;
844          (c) budget data, including the amount and source of funding, expenses, and allocation
845     of full-time employees for the operation, activity, program, or service;
846          (d) historical data from previous years for comparison with data reported under
847     Subsections (2)(b) and (c);
848          (e) goals, challenges, and achievements related to the operation, activity, program, or
849     service;
850          (f) relevant federal and state statutory references and requirements;
851          (g) contact information of officials knowledgeable and responsible for each operation,
852     activity, program, or service; and
853          (h) other information determined by the department that:
854          (i) may be needed, useful, or of historical significance; or
855          (ii) promotes accountability and transparency for each operation, activity, program, or
856     service with the public and elected officials.
857          (3) The annual report shall be designed to provide clear, accurate, and accessible
858     information to the public, the governor, and the Legislature.
859          (4) The department shall:
860          (a) submit the annual report in accordance with Section 68-3-14;
861          (b) make the annual report, and previous annual reports, accessible to the public by
862     placing a link to the reports on the department's website; and

863          (c) provide the data and metrics described in Subsection (2)(b) to the [Talent Ready
864     Utah Board created in Section 63N-12-503] Talent, Education, and Industry Alignment
865     Subcommittee created in Section 63N-1b-301.
866          Section 17. Section 35A-1-201 is amended to read:
867          35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
868     Qualifications -- Responsibilities -- Deputy directors.
869          (1) (a) The chief administrative officer of the department is the executive director, who
870     is appointed by the governor with the advice and consent of the Senate.
871          (b) The executive director serves at the pleasure of the governor.
872          (c) The executive director shall receive a salary established by the governor within the
873     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
874          (d) The executive director shall be experienced in administration, management, and
875     coordination of complex organizations.
876          (2) The executive director shall:
877          (a) administer and supervise the department in compliance with Title 67, Chapter 19,
878     Utah State Personnel Management Act;
879          (b) supervise and coordinate between the economic service areas and directors created
880     under Chapter 2, Economic Service Areas;
881          (c) coordinate policies and program activities conducted through the divisions and
882     economic service areas of the department;
883          (d) approve the proposed budget of each division, the Workforce Appeals Board, and
884     each economic service area within the department;
885          (e) approve all applications for federal grants or assistance in support of any
886     department program;
887          (f) coordinate with the executive directors of the Governor's Office of Economic
888     [Development] Opportunity and the Governor's Office of Management and Budget to review
889     data and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b);
890     and
891          (g) fulfill such other duties as assigned by the Legislature or as assigned by the
892     governor that are not inconsistent with this title.
893          (3) The executive director may appoint deputy or assistant directors to assist the

894     executive director in carrying out the department's responsibilities.
895          (4) The executive director shall at least annually provide for the sharing of information
896     between the advisory councils established under this title.
897          Section 18. Section 35A-6-105 is amended to read:
898          35A-6-105. Commissioner of Apprenticeship Programs.
899          (1) There is created the position of Commissioner of Apprenticeship Programs within
900     the department.
901          (2) The commissioner shall be appointed by the executive director and chosen from
902     one or more recommendations provided by a majority vote of the State Workforce
903     Development Board.
904          (3) The commissioner may be terminated without cause by the executive director.
905          (4) The commissioner shall:
906          (a) promote and educate the public, including high school guidance counselors and
907     potential participants in apprenticeship programs, about apprenticeship programs offered in the
908     state, including apprenticeship programs offered by private sector businesses, trade groups,
909     labor unions, partnerships with educational institutions, and other associations in the state;
910          (b) coordinate with the department and other stakeholders, including union and
911     nonunion apprenticeship programs, the Office of Apprenticeship, the State Board of Education,
912     the Utah system of higher education, the Department of Commerce, the Division of
913     Occupational and Professional Licensing, and the Governor's Office of Economic
914     [Development] Opportunity to improve and promote apprenticeship opportunities in the state;
915     and
916          (c) provide an annual written report to:
917          (i) the department for inclusion in the department's annual written report described in
918     Section 35A-1-109;
919          (ii) the Business, Economic Development, and Labor Appropriations Subcommittee;
920     and
921          (iii) the Higher Education Appropriations Subcommittee.
922          (5) The annual written report described in Subsection (4)(c) shall provide information
923     concerning:
924          (a) the number of available apprenticeship programs in the state;

925          (b) the number of apprentices participating in each program;
926          (c) the completion rate of each program;
927          (d) the cost of state funding for each program; and
928          (e) recommendations for improving apprenticeship programs.
929          Section 19. Section 41-6a-1626 is amended to read:
930          41-6a-1626. Mufflers -- Prevention of noise, smoke, and fumes -- Air pollution
931     control devices.
932          (1) (a) A vehicle shall be equipped, maintained, and operated to prevent excessive or
933     unusual noise.
934          (b) A motor vehicle shall be equipped with a muffler or other effective noise
935     suppressing system in good working order and in constant operation.
936          (c) A person may not use a muffler cut-out, bypass, or similar device on a vehicle.
937          (2) (a) Except while the engine is being warmed to the recommended operating
938     temperature, the engine and power mechanism of a gasoline-powered motor vehicle may not
939     emit visible contaminants during operation.
940          (b) (i) As used in this Subsection (2)(b), "heavy tow" means a tow that exceeds the
941     vehicle's maximum tow weight.
942          (ii) A diesel engine manufactured on or after January 1, 2008, may not emit visible
943     contaminants during operation:
944          (A) except while the engine is being warmed to the recommended operating
945     temperature or under a heavy tow; or
946          (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
947     rating in excess of 26,000 pounds.
948          (iii) A diesel engine manufactured before January 1, 2008, may not emit visible
949     contaminants of a shade or density that obscures a contrasting background by more than 20%,
950     for more than five consecutive seconds:
951          (A) except while the engine is being warmed to the recommended operating
952     temperature or under a heavy tow; or
953          (B) unless the diesel engine is in a vehicle with a manufacturer's gross vehicle weight
954     rating in excess of 26,000 pounds.
955          (c) A person who violates the provisions of Subsection (2)(a) is guilty of an infraction

956     and shall be fined:
957          (i) not less than $50 for a violation; or
958          (ii) not less than $100 for a second or subsequent violation within three years of a
959     previous violation of this section.
960          (d) A person who violates the provisions of Subsection (2)(b) is guilty of an infraction
961     and shall be fined:
962          (i) not less than $100 for a violation; or
963          (ii) not less than $500 for a second or subsequent violation within three years of a
964     previous violation of this section.
965          (e) (i) As used in this section:
966          (A) "Local health department" means the same as that term is defined in Section
967     26A-1-102.
968          (B) "Nonattainment area" means [the same as that term is defined in Section
969     63N-3-102] a part of the state where air quality is determined to exceed the National Ambient
970     Air Quality Standards, as defined in the Clean Air Act Amendments of 1970, Pub. L. No.
971     91-604, Sec. 109, for fine particulate matter (PM 2.5).
972          (ii) Within a nonattainment area, for a second or subsequent violation of Subsection
973     (2)(a) or (2)(b), the court shall report the violations to the local health department at a regular
974     interval.
975          (iii) If the local health department receives a notification as described in Subsection
976     (2)(e)(ii), and the local health department determines that the registered vehicle is unable to
977     meet state or local air emission standards, the local health department shall send notification to
978     the Motor Vehicle Division.
979          (3) (a) If a motor vehicle is equipped by a manufacturer with air pollution control
980     devices, the devices shall be maintained in good working order and in constant operation.
981          (b) For purposes of the first sale of a vehicle at retail, an air pollution control device
982     may be substituted for the manufacturer's original device if the substituted device is at least as
983     effective in the reduction of emissions from the vehicle motor as the air pollution control
984     device furnished by the manufacturer of the vehicle as standard equipment for the same vehicle
985     class.
986          (c) A person who renders inoperable an air pollution control device on a motor vehicle

987     is guilty of an infraction.
988          (4) Subsection (3) does not apply to a motor vehicle altered and modified to use clean
989     fuel, as defined under Section 59-13-102, when the emissions from the modified or altered
990     motor vehicle are at levels that comply with existing state or federal standards for the emission
991     of pollutants from a motor vehicle of the same class.
992          (5) A violation of Subsection (1), (2), or (3) is an infraction.
993          Section 20. Section 49-11-406 is amended to read:
994          49-11-406. Governor's appointed executives and senior staff -- Appointed
995     legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
996          (1) As used in this section:
997          (a) "Defined benefit balance" means the total amount of the contributions made on
998     behalf of a member to a defined benefit system plus refund interest.
999          (b) "Senior staff" means an at-will employee who reports directly to an elected official,
1000     executive director, or director and includes a deputy director and other similar, at-will
1001     employee positions designated by the governor, the speaker of the House, or the president of
1002     the Senate and filed with the Department of Human Resource Management and the Utah State
1003     Retirement Office.
1004          (2) In accordance with this section and subject to requirements under federal law and
1005     rules made by the board, a member who has service credit from a system may elect to be
1006     exempt from coverage under a defined benefit system and to have the member's defined benefit
1007     balance transferred from the defined benefit system or plan to a defined contribution plan in the
1008     member's own name if the member is:
1009          (a) the state auditor;
1010          (b) the state treasurer;
1011          (c) an appointed executive under Subsection 67-22-2(1)(a);
1012          (d) an employee in the Governor's Office;
1013          (e) senior staff in the Governor's Office of Management and Budget;
1014          (f) senior staff in the Governor's Office of Economic [Development] Opportunity;
1015          (g) senior staff in the Commission on Criminal and Juvenile Justice;
1016          (h) a legislative employee appointed under Subsection 36-12-7(3)(a); or
1017          (i) a legislative employee appointed by the speaker of the House of Representatives, the

1018     House of Representatives minority leader, the president of the Senate, or the Senate minority
1019     leader[; or].
1020          [(j) senior staff of the Utah Science Technology and Research Initiative created under
1021     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.]
1022          (3) An election made under Subsection (2):
1023          (a) is final, and no right exists to make any further election;
1024          (b) is considered a request to be exempt from coverage under a defined benefits
1025     system; and
1026          (c) shall be made on forms provided by the office.
1027          (4) The board shall adopt rules to implement and administer this section.
1028          Section 21. Section 53B-1-114 is amended to read:
1029          53B-1-114. Coordination for education.
1030          (1) At least quarterly, in order to coordinate education services, the commissioner and
1031     the state superintendent of public instruction shall convene a meeting of individuals who have
1032     responsibilities related to Utah's education system, including:
1033          (a) the state superintendent of public instruction;
1034          (b) the commissioner;
1035          (c) the executive director of the Department of Workforce Services described in
1036     Section 35A-1-201;
1037          (d) the executive director of the Governor's Office of Economic [Development]
1038     Opportunity described in Section [63N-1-202] 63N-1a-302;
1039          (e) the chair of the State Board of Education;
1040          (f) the chair of the Utah Board of Higher Education;
1041          (g) a member of the governor's staff; and
1042          (h) the chairs of the Education Interim Committee.
1043          (2) The coordinating group described in this section shall, for the State Board of
1044     Education and the Utah Board of Higher Education:
1045          (a) coordinate strategic planning efforts;
1046          (b) encourage alignment of strategic plans; and
1047          (c) report on the State Board of Education's strategic plan to the Utah Board of Higher
1048     Education and the Utah Board of Higher Education's strategic plan to the State Board of

1049     Education.
1050          (3) A meeting described in Subsection (1) is not subject to Title 52, Chapter 4, Open
1051     and Public Meetings Act.
1052          Section 22. Section 53B-1-301 is amended to read:
1053          53B-1-301. Reports to and actions of the Higher Education Appropriations
1054     Subcommittee.
1055          (1) In accordance with applicable provisions and Section 68-3-14, the following
1056     recurring reports are due to the Higher Education Appropriations Subcommittee:
1057          (a) the reports described in Sections 34A-2-202.5, 53B-17-804, and 59-9-102.5 by the
1058     Rocky Mountain Center for Occupational and Environmental Health;
1059          (b) the report described in Section 53B-7-101 by the board on recommended
1060     appropriations for higher education institutions, including the report described in Section
1061     53B-8-104 by the board on the effects of offering nonresident partial tuition scholarships;
1062          (c) the report described in Section 53B-7-704 by the Department of Workforce
1063     Services and the Governor's Office of Economic [Development] Opportunity on targeted jobs;
1064          (d) the reports described in Section 53B-7-705 by the board on performance;
1065          (e) the report described in Section 53B-8-201 by the board on the Regents' Scholarship
1066     Program;
1067          (f) the report described in Section 53B-8-303 by the board regarding Access Utah
1068     promise scholarships;
1069          (g) the report described in Section 53B-8d-104 by the Division of Child and Family
1070     Services on tuition waivers for wards of the state;
1071          (h) the report described in Section 53B-12-107 by the Utah Higher Education
1072     Assistance Authority;
1073          (i) the report described in Section 53B-13a-104 by the board on the Success Stipend
1074     Program;
1075          (j) the report described in Section 53B-17-201 by the University of Utah regarding the
1076     Miners' Hospital for Disabled Miners;
1077          (k) the report described in Section 53B-26-103 by the Governor's Office of Economic
1078     [Development] Opportunity on high demand technical jobs projected to support economic
1079     growth;

1080          (l) the report described in Section 53B-26-202 by the Medical Education Council on
1081     projected demand for nursing professionals; and
1082          (m) the report described in Section 53E-10-308 by the State Board of Education and
1083     board on student participation in the concurrent enrollment program.
1084          (2) In accordance with applicable provisions and Section 68-3-14, the following
1085     occasional reports are due to the Higher Education Appropriations Subcommittee:
1086          (a) upon request, the information described in Section 53B-8a-111 submitted by the
1087     Utah Educational Savings Plan;
1088          (b) as described in Section 53B-26-103, a proposal by an eligible partnership related to
1089     workforce needs for technical jobs projected to support economic growth;
1090          (c) a proposal described in Section 53B-26-202 by an eligible program to respond to
1091     projected demand for nursing professionals;
1092          (d) a report in 2023 from Utah Valley University and the Utah Fire Prevention Board
1093     on the fire and rescue training program described in Section 53B-29-202; and
1094          (e) the reports described in Section 63C-19-202 by the Higher Education Strategic
1095     Planning Commission on the commission's progress.
1096          (3) In accordance with applicable provisions, the Higher Education Appropriations
1097     Subcommittee shall complete the following:
1098          (a) as required by Section 53B-7-703, the review of performance funding described in
1099     Section 53B-7-703;
1100          (b) the review described in Section 53B-7-705 of the implementation of performance
1101     funding;
1102          (c) an appropriation recommendation described in Section 53B-26-103 to fund a
1103     proposal responding to workforce needs of a strategic industry cluster;
1104          (d) an appropriation recommendation described in Section 53B-26-202 to fund a
1105     proposal responding to projected demand for nursing professionals; and
1106          (e) review of the report described in Section 63B-10-301 by the University of Utah on
1107     the status of a bond and bond payments specified in Section 63B-10-301.
1108          Section 23. Section 53B-7-702 is amended to read:
1109          53B-7-702. Definitions.
1110          As used in this part:

1111          (1) "Account" means the Performance Funding Restricted Account created in Section
1112     53B-7-703.
1113          (2) "Estimated revenue growth from targeted jobs" means the estimated increase in
1114     individual income tax revenue generated by individuals employed in targeted jobs, determined
1115     by the Department of Workforce Services in accordance with Section 53B-7-704.
1116          (3) "Full new performance funding amount" means the maximum amount of new
1117     performance funding that a degree-granting institution or technical college may qualify for in a
1118     fiscal year, determined by the Legislature in accordance with Section 53B-7-705.
1119          (4) "Full-time" means the number of credit hours the board determines is full-time
1120     enrollment for a student.
1121          (5) ["GOED"] "GO Utah office" means the Governor's Office of Economic
1122     [Development] Opportunity created in Section [63N-1-201] 63N-1a-301.
1123          (6) "Job" means an occupation determined by the Department of Workforce Services.
1124          (7) "Membership hour" means 60 minutes of scheduled instruction provided by a
1125     technical college to a student enrolled in the technical college.
1126          (8) "New performance funding" means the difference between the total amount of
1127     money in the account and the amount of money appropriated from the account for performance
1128     funding in the current fiscal year.
1129          (9) "Performance" means total performance across the metrics described in:
1130          (a) Section 53B-7-706 for a degree-granting institution; or
1131          (b) Section 53B-7-707 for a technical college.
1132          (10) "Research university" means the University of Utah or Utah State University.
1133          (11) "Targeted job" means a job designated by the Department of Workforce Services
1134     or [GOED] the GO Utah office in accordance with Section 53B-7-704.
1135          (12) "Technical college graduate" means an individual who:
1136          (a) has earned a certificate from an accredited program at a technical college; and
1137          (b) is no longer enrolled in the technical college.
1138          Section 24. Section 53B-7-704 is amended to read:
1139          53B-7-704. Designation of targeted jobs -- Determination of estimated revenue
1140     growth from targeted jobs -- Reporting.
1141          (1) As used in this section, "baseline amount" means the average annual wages for

1142     targeted jobs over calendar years 2014, 2015, and 2016, as determined by the Department of
1143     Workforce Services using the best available information.
1144          (2) (a) The Department of Workforce Services shall designate, as a targeted job, a job
1145     that:
1146          (i) has a base employment level of at least 100 individuals;
1147          (ii) ranks in the top 20% of jobs for outlook based on:
1148          (A) projected number of openings; and
1149          (B) projected rate of growth;
1150          (iii) ranks in the top 20% of jobs for median annual wage; and
1151          (iv) requires postsecondary training.
1152          (b) The Department of Workforce Services shall designate targeted jobs every other
1153     year.
1154          (c) [GOED] The GO Utah office may, after consulting with the Department of
1155     Workforce Services and industry representatives, designate a job that has significant industry
1156     importance as a targeted job.
1157          (d) Annually, the Department of Workforce Services and [GOED] the GO Utah office
1158     shall report to the Higher Education Appropriations Subcommittee on targeted jobs, including:
1159          (i) the method used to determine which jobs are targeted jobs;
1160          (ii) changes to which jobs are targeted jobs; and
1161          (iii) the reasons for each change described in Subsection (2)(d)(ii).
1162          (3) Based on the targeted jobs described in Subsection (2), the Department of
1163     Workforce Services shall annually determine the estimated revenue growth from targeted jobs
1164     by:
1165          (a) determining the total estimated wages for targeted jobs for the year:
1166          (i) based on the average wages for targeted jobs, calculated using the most recently
1167     available wage data and data from each of the two years before the most recently available
1168     data; and
1169          (ii) using the best available information;
1170          (b) determining the change in estimated wages for targeted jobs by subtracting the
1171     baseline amount from the total wages for targeted jobs described in Subsection (3)(a); and
1172          (c) multiplying the change in estimated wages for targeted jobs described in Subsection

1173     (3)(b) by 3.6%.
1174          (4) Annually, at least 30 days before the first day of the legislative general session, the
1175     Department of Workforce Services shall report the estimated revenue growth from targeted
1176     jobs to:
1177          (a) the Office of the Legislative Fiscal Analyst; and
1178          (b) the Division of Finance.
1179          Section 25. Section 53B-8-304 is amended to read:
1180          53B-8-304. Utah promise partners.
1181          (1) In consultation with the Talent Ready Utah [Center] Program created in Section
1182     [63N-12-502] 63N-1b-302, and in accordance with Subsection (2), the board shall select
1183     employers to be promise partners.
1184          (2) The board may select an employer as a promise partner if the employer:
1185          (a) applies to the board to be a promise partner; and
1186          (b) meets other requirements established by the board in the rules described in
1187     Subsection (5).
1188          (3) An individual employed by a promise partner is eligible to receive a partner award
1189     if the individual:
1190          (a) applies for a partner award;
1191          (b) is admitted to and enrolled in an institution;
1192          (c) is a Utah resident;
1193          (d) does not have an associate or higher postsecondary degree;
1194          (e) meets requirements established by the promise partner related to a partner award;
1195     and
1196          (f) maintains the eligibility requirements described in this Subsection (3) for the full
1197     length of time the individual receives the partner award.
1198          (4) (a) Subject to legislative appropriations and Subsection (4)(b), the board shall
1199     award a partner award to an individual who meets the requirements described in Subsection
1200     (3).
1201          (b) The board may:
1202          (i) award a partner award for up to the portion of tuition and fees for a program at an
1203     institution that is not covered by an employer reimbursement described in Subsection (5)(b);

1204     and
1205          (ii) prioritize awarding partner awards if an appropriation for partner awards is not
1206     sufficient to provide a partner award to each individual who is eligible under Subsection (3).
1207          (c) The board may continue to award a partner award to a recipient who meets the
1208     requirements described in Subsection (3) until the earliest of the following:
1209          (i) two years after the individual initially receives a partner award;
1210          (ii) the recipient uses a partner award to attend an institution for four semesters;
1211          (iii) the recipient completes the requirements for an associate degree; or
1212          (iv) if the recipient attends an institution that does not offer associate degrees, the
1213     recipient has 60 earned credit hours.
1214          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1215     board shall make rules that establish:
1216          (a) requirements for an employer to seek and receive approval from the board for the
1217     employer's employees to receive partner awards;
1218          (b) requirements related to an employer providing reimbursement to an employee who
1219     receives a partner award for a portion of the employee's tuition and fees;
1220          (c) a process for an individual to apply for a partner award;
1221          (d) criteria for the board to prioritize awarding partner awards; and
1222          (e) a requirement that an institution shall, for a recipient of a partner award:
1223          (i) evaluate the recipient's knowledge, skills, and competencies acquired through
1224     formal or informal education outside the traditional postsecondary academic environment; and
1225          (ii) award credit, as applicable, for the recipient's prior learning described in Subsection
1226     (5)(e)(i).
1227          Section 26. Section 53B-10-201 is amended to read:
1228          53B-10-201. Definitions.
1229          As used in this part:
1230          (1) "Full-time" means the number of credit hours the board determines is full-time
1231     enrollment for a student.
1232          (2) ["GOED"] "GO Utah office" means the Governor's Office of Economic
1233     [Development] Opportunity created in Section [63N-1-201] 63N-1a-301.
1234          (3) "Incentive loan" means a loan described in Section 53B-10-202.

1235          (4) "Institution" means an institution of higher education described in Subsection
1236     53B-1-102(1)(a).
1237          (5) "Program" means the Talent Development Incentive Loan Program created in
1238     Section 53B-10-202.
1239          (6) "Qualifying degree" means an associate's or a bachelor's degree that qualifies an
1240     individual to work in a qualifying job, as determined by [GOED] the GO Utah office under
1241     Section 53B-10-203.
1242          (7) "Qualifying job" means a job:
1243          (a) described in Section 53B-10-203 for which an individual may receive an incentive
1244     loan for the current two-year period; or
1245          (b) (i) that was selected in accordance with Section 53B-10-203 at the time a recipient
1246     received an incentive loan; and
1247          (ii) (A) for which the recipient is pursuing a qualifying degree;
1248          (B) for which the recipient completed a qualifying degree; or
1249          (C) in which the recipient is working.
1250          (8) "Recipient" means an individual who receives an incentive loan.
1251          Section 27. Section 53B-10-203 is amended to read:
1252          53B-10-203. Selection of qualifying jobs and qualifying degrees.
1253          (1) Every other year, [GOED] the GO Utah office shall select:
1254          (a) five qualifying jobs that:
1255          (i) have the highest demand for new employees; and
1256          (ii) offer high wages; and
1257          (b) the qualifying degrees for each qualifying job.
1258          (2) [GOED] The GO Utah office shall:
1259          (a) ensure that each qualifying job:
1260          (i) ranks in the top 40% of jobs based on an employment index that considers the job's
1261     growth rate and total openings;
1262          (ii) ranks in the top 40% of jobs for wages; and
1263          (iii) requires an associate's degree or a bachelor's degree; and
1264          (b) report the five qualifying jobs and qualifying degrees to the board.
1265          Section 28. Section 53B-26-102 is amended to read:

1266          53B-26-102. Definitions.
1267          As used in this part:
1268          (1) "CTE" means career and technical education.
1269          (2) "CTE region" means an economic service area created in Section 35A-2-101.
1270          (3) "Eligible partnership" means:
1271          (a) a regional partnership; or
1272          (b) a statewide partnership.
1273          (4) "Employer" means a private employer, public employer, industry association, the
1274     military, or a union.
1275          (5) "Industry advisory group" means:
1276          (a) a group of at least five employers that represent the workforce needs to which a
1277     proposal submitted under Section 53B-26-103 responds; and
1278          (b) a representative of the Governor's Office of Economic [Development] Opportunity,
1279     appointed by the executive director of the Governor's Office of Economic [Development]
1280     Opportunity.
1281          (6) "Institution of higher education" means the University of Utah, Utah State
1282     University, Southern Utah University, Weber State University, Snow College, Dixie State
1283     University, Utah Valley University, or Salt Lake Community College.
1284          (7) "Regional partnership" means a partnership that:
1285          (a) provides educational services within one CTE region; and
1286          (b) is between at least two of the following located in the CTE region:
1287          (i) a technical college;
1288          (ii) a school district or charter school; or
1289          (iii) an institution of higher education.
1290          (8) "Stackable sequence of credentials" means a sequence of credentials that:
1291          (a) an individual can build upon to access an advanced job or higher wage;
1292          (b) is part of a career pathway system;
1293          (c) provides a pathway culminating in the equivalent of an associate's or bachelor's
1294     degree;
1295          (d) facilitates multiple exit and entry points; and
1296          (e) recognizes sub-goals or momentum points.

1297          (9) "Statewide partnership" means a partnership between at least two regional
1298     partnerships.
1299          (10) "Technical college" means:
1300          (a) a college described in Section 53B-2a-105;
1301          (b) the School of Applied Technology at Salt Lake Community College established
1302     under Section 53B-16-209;
1303          (c) Utah State University Eastern established under Section 53B-18-1201;
1304          (d) Utah State University Blanding established under Section 53B-18-1202; or
1305          (e) the Snow College Richfield campus established under Section 53B-16-205.
1306          Section 29. Section 53B-26-103 is amended to read:
1307          53B-26-103. GO Utah office reporting requirement -- Proposals -- Funding.
1308          (1) Every other year, the Governor's Office of Economic [Development] Opportunity
1309     shall report to the Higher Education Appropriations Subcommittee and the board on the high
1310     demand technical jobs projected to support economic growth in the following high need
1311     strategic industry clusters:
1312          (a) aerospace and defense;
1313          (b) energy and natural resources;
1314          (c) financial services;
1315          (d) life sciences;
1316          (e) outdoor products;
1317          (f) software development and information technology; and
1318          (g) any other strategic industry cluster designated by the Governor's Office of
1319     Economic [Development] Opportunity.
1320          (2) To receive funding under this section, an eligible partnership shall submit a
1321     proposal containing the elements described in Subsection (3) to the Higher Education
1322     Appropriations Subcommittee on or before January 5 for fiscal year 2018 and any succeeding
1323     fiscal year.
1324          (3) A proposal described in Subsection (2) shall include:
1325          (a) a program of instruction that:
1326          (i) is responsive to the workforce needs of a strategic industry cluster described in
1327     Subsection (1):

1328          (A) in one CTE region, for a proposal submitted by a regional partnership; or
1329          (B) in at least two CTE regions, for a proposal submitted by a statewide partnership;
1330          (ii) leads to the attainment of a stackable sequence of credentials; and
1331          (iii) includes a non-duplicative progression of courses that include both academic and
1332     CTE content;
1333          (b) expected student enrollment, attainment rates, and job placement rates;
1334          (c) evidence of input and support for the proposal from an industry advisory group;
1335          (d) a description of any financial or in-kind contributions for the program from an
1336     industry advisory group;
1337          (e) a description of the job opportunities available at each exit point in the stackable
1338     sequence of credentials;
1339          (f) evidence of an official action in support of the proposal from the board;
1340          (g) if the program of instruction described in Subsection (3)(a) requires board approval
1341     under Section 53B-16-102, evidence of board approval of the program of instruction; and
1342          (h) a funding request, including justification for the request.
1343          (4) The Higher Education Appropriations Subcommittee shall:
1344          (a) review a proposal submitted under this section using the following criteria:
1345          (i) the proposal contains the elements described in Subsection (3);
1346          (ii) for a proposal from a regional partnership, support for the proposal is widespread
1347     within the CTE region; and
1348          (iii) the proposal expands the capacity to meet state or regional workforce needs;
1349          (b) determine the extent to which to fund the proposal; and
1350          (c) make a recommendation to the Legislature for funding the proposal through the
1351     appropriations process.
1352          (5) An eligible partnership that receives funding under this section:
1353          (a) shall use the money to deliver the program of instruction described in the eligible
1354     partnership's proposal; and
1355          (b) may not use the money for administration.
1356          Section 30. Section 53B-26-303 is amended to read:
1357          53B-26-303. Deep Technology Talent Advisory Council.
1358          (1) There is created the Deep Technology Talent Advisory Council to make

1359     recommendations to the board in the board's administration of the deep technology talent
1360     initiative described in Section 53B-26-302.
1361          (2) The advisory council shall consist of the following members:
1362          (a) two members who have extensive experience in deep technology in the private
1363     sector appointed by the president of the Senate;
1364          (b) two members who have extensive experience in deep technology in the private
1365     sector appointed by the speaker of the House of Representatives;
1366          (c) a representative of the board appointed by the chair of the board;
1367          (d) a representative of the Governor's Office of Economic [Development] Opportunity
1368     appointed by the executive director of the Governor's Office of Economic [Development]
1369     Opportunity;
1370          (e) one member of the Senate appointed by the president of the Senate;
1371          (f) one member of the House of Representatives appointed by the speaker of the House
1372     of Representatives; and
1373          (g) other specialized industry experts who may be invited by a majority of the advisory
1374     council to participate as needed as nonvoting members.
1375          (3) The board shall provide staff support for the advisory council.
1376          (4) (a) One of the advisory council members appointed under Subsection (2)(a) shall
1377     serve an initial term of two years and one of the advisory council members appointed under
1378     Subsection (2)(b) shall serve an initial term of two years.
1379          (b) Except as described in Subsection (4)(a), all other advisory council members shall
1380     serve an initial term of four years.
1381          (c) Successor advisory council members upon appointment or reappointment shall each
1382     serve a term of four years.
1383          (d) When a vacancy occurs in the membership for any reason, the replacement shall be
1384     appointed by the initial appointing authority for the unexpired term.
1385          (e) An advisory council member may not serve more than two consecutive terms.
1386          (5) A vote of a majority of the advisory council members is necessary to take action on
1387     behalf of the advisory council.
1388          (6) The duties of the advisory council include reviewing, prioritizing, and making
1389     recommendations to the board regarding proposals for funding under the deep technology

1390     talent initiative described in Section 53B-26-302.
1391          (7) A member may not receive compensation or benefits for the member's service, but
1392     a member who is not a legislator may receive per diem and travel expenses in accordance with:
1393          (a) Sections 63A-3-106 and 63A-3-107; and
1394          (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1395     63A-3-107.
1396          Section 31. Section 53B-30-101 is enacted to read:
1397     
CHAPTER 30. CAREER READINESS ACT

1398     
Part 3. General Provisions

1399          53B-30-101. Title.
1400          This chapter is known as the "Career Readiness Act."
1401          Section 32. Section 53B-30-102 is enacted to read:
1402          53B-30-102. Definitions.
1403          As used in this chapter:
1404          (1) "Education provider" means:
1405          (a) an institution of higher education listed in Section 53B-2-101; or
1406          (b) a nonprofit Utah provider of postsecondary education.
1407          (2) "Student user" means:
1408          (a) a Utah student in kindergarten through grade 12;
1409          (b) a Utah postsecondary education student;
1410          (c) a parent or guardian of a Utah public education student; or
1411          (d) a Utah potential postsecondary education student.
1412          Section 33. Section 53B-30-201, which is renumbered from Section 63N-12-509 is
1413     renumbered and amended to read:
1414     
Part 2. State Online Career Counseling

1415          [63N-12-509].      53B-30-201. State online career counseling program.
1416          [(1) As used in this section:]
1417          [(a) "Education provider" means:]
1418          [(i) a Utah institution of higher education as defined in Section 53B-2-101; or]
1419          [(ii) a nonprofit Utah provider of postsecondary education.]
1420          [(b) "Student user" means:]

1421          [(i) a Utah student in kindergarten through grade 12;]
1422          [(ii) a Utah post secondary education student;]
1423          [(iii) a parent or guardian of a Utah public education student; or]
1424          [(iv) a Utah potential post secondary education student.]
1425          [(c) "Utah Futures" means a career planning program developed and administered by
1426     the talent ready board.]
1427          (1) The board shall develop and administer a state online career counseling program in
1428     accordance with this section.
1429          (2) The [talent ready] board shall ensure, as funding allows and is feasible, that [Utah
1430     Futures will] the program:
1431          (a) [allow] allows a student user to:
1432          (i) access, subject to Subsection (3), information about an education provider or a
1433     scholarship provider;
1434          (ii) access information about different career opportunities and understand the related
1435     educational requirements to enter that career;
1436          (iii) access information about education providers;
1437          (iv) access up to date information about entrance requirements to education providers;
1438     and
1439          [(v) apply for entrance to multiple schools without having to fully replicate the
1440     application process;]
1441          [(vi) apply for loans, scholarships, or grants from multiple education providers in one
1442     location without having to fully replicate the application process for multiple education
1443     providers; and]
1444          [(vii)] (v) research open jobs from different companies within the user's career interest
1445     and apply for those jobs without having to leave the website to do so;
1446          (b) [allow] allows all users to:
1447          (i) access information about different career opportunities and understand the related
1448     educational requirements to enter that career;
1449          (ii) access information about education providers; and
1450          (iii) access up-to-date information about entrance requirements to education providers;
1451          [(iv) apply for entrance to multiple schools without having to fully replicate the

1452     application process;]
1453          [(v) apply for loans, scholarships, or grants from multiple education providers in one
1454     location without having to fully replicate the application process for multiple education
1455     providers; and]
1456          [(vi) research open jobs from different companies within the user's career interest and
1457     apply for those jobs without having to leave the website to do so;]
1458          (c) [allow] allows an education provider to:
1459          (i) request that [Utah Futures] the program send information to student users who are
1460     interested in various educational opportunities;
1461          (ii) promote the education provider's programs and schools to student users; and
1462          (iii) connect with student users within the [Utah Futures] program's website;
1463          (d) [allow] allows a Utah business to:
1464          (i) request that [Utah Futures] the program send information to student users who are
1465     pursuing educational opportunities that are consistent with jobs the Utah business is trying to
1466     fill now or in the future; and
1467          (ii) market jobs and communicate with student users through the [Utah Futures]
1468     program's website as allowed by law; and
1469          (e) provide analysis and reporting on student user interests and education paths within
1470     the education system[; and].
1471          [(f) allow all users of the Utah Futures' system to communicate and interact through
1472     social networking tools within the Utah Futures website as allowed by law.]
1473          (3) A student may access information described in Subsection (2)(a)(i) only if [Utah
1474     Futures] the program obtains written consent:
1475          (a) of a student's parent or legal guardian through the student's school or LEA; or
1476          (b) for a student who is age 18 or older or an emancipated minor, from the student.
1477          (4) The [talent ready] board:
1478          (a) may charge a fee to a Utah business for services provided by [Utah Futures] the
1479     program under this section; and
1480          (b) shall establish a fee described in Subsection (4)(a) in accordance with Section
1481     63J-1-504.
1482          Section 34. Section 54-4-41 is amended to read:

1483          54-4-41. Recovery of investment in utility-owned vehicle charging infrastructure.
1484          (1) As used in this section, "charging infrastructure program" means the program
1485     described in Subsection (2).
1486          (2) The commission shall authorize a large-scale electric utility program that:
1487          (a) allows for funding from large-scale electric utility customers for a maximum of
1488     $50,000,000 for all costs and expenses associated with:
1489          (i) the deployment of utility-owned vehicle charging infrastructure; and
1490          (ii) utility vehicle charging service provided by the large-scale electric utility;
1491          (b) creates a new customer class, with a utility vehicle charging service rate structure
1492     that:
1493          (i) is determined by the commission to be in the public interest;
1494          (ii) is a transitional rate structure expected to allow the large-scale electric utility to
1495     recover, through charges to utility vehicle charging service customers, the large-scale electric
1496     utility's full cost of service for utility-owned vehicle charging infrastructure and utility vehicle
1497     charging service over a reasonable time frame determined by the commission; and
1498          (iii) may allow different rates for large-scale electric utility customers to reflect
1499     contributions to investment; and
1500          (c) includes a transportation plan that promotes:
1501          (i) the deployment of utility-owned vehicle charging infrastructure in the public
1502     interest; and
1503          (ii) the availability of utility vehicle charging service.
1504          (3) Before submitting a proposed charging infrastructure program to the commission
1505     for commission approval under Subsection (2), a large-scale electric utility shall seek and
1506     consider input from:
1507          (a) the Division of Public Utilities, established in Section 54-4a-1;
1508          (b) the Office of Consumer Services, created in Section 54-10a-201;
1509          (c) the Division of Air Quality, created in Section 19-1-105;
1510          (d) the Department of Transportation, created in Section 72-1-201;
1511          (e) the Governor's Office of Economic [Development] Opportunity, created in Section
1512     [63N-1-201] 63N-1a-301;
1513          (f) the Office of Energy Development, created in Section 63M-4-401;

1514          (g) the board of the Utah Inland Port Authority, created in Section 11-58-201;
1515          (h) representatives of the Point of the Mountain State Land Development Authority,
1516     created in Section 11-59-201;
1517          (i) third-party electric vehicle battery charging service operators; and
1518          (j) any other person who files a request for notice with the commission.
1519          (4) The commission shall find a charging infrastructure program to be in the public
1520     interest if the commission finds that the charging infrastructure program:
1521          (a) increases the availability of electric vehicle battery charging service in the state;
1522          (b) enables the significant deployment of infrastructure that supports electric vehicle
1523     battery charging service and utility-owned vehicle charging infrastructure in a manner
1524     reasonably expected to increase electric vehicle adoption;
1525          (c) includes an evaluation of investments in the areas of the authority jurisdictional
1526     land, as defined in Section 11-58-102, and the point of the mountain state land, as defined in
1527     Section 11-59-102;
1528          (d) enables competition, innovation, and customer choice in electric vehicle battery
1529     charging services, while promoting low-cost services for electric vehicle battery charging
1530     customers; and
1531          (e) provides for ongoing coordination with the Department of Transportation, created
1532     in Section 72-1-201.
1533          (5) The commission may, consistent with Subsection (2), approve an amendment to the
1534     charging infrastructure program if the large-scale electric utility demonstrates that the
1535     amendment:
1536          (a) is prudent;
1537          (b) will provide net benefits to customers; and
1538          (c) is otherwise consistent with the requirements of Subsection (2).
1539          (6) The commission shall authorize recovery of a large-scale electric utility's
1540     investment in utility-owned vehicle charging infrastructure through a balancing account or
1541     other ratemaking treatment that reflects:
1542          (a) charging infrastructure program costs associated with prudent investment, including
1543     the large-scale electric utility's pre-tax average weighted cost of capital approved by the
1544     commission in the large-scale electric utility's most recent general rate proceeding, and

1545     associated revenue and prudently incurred expenses; and
1546          (b) a carrying charge.
1547          (7) A large-scale electric utility's investment in utility-owned vehicle charging
1548     infrastructure is prudently made if the large-scale electric utility demonstrates in a formal
1549     adjudicative proceeding before the commission that the investment can reasonably be
1550     anticipated to:
1551          (a) result in one or more projects that are in the public interest of the large-scale
1552     electric utility's customers to reduce transportation sector emissions over a reasonable time
1553     period as determined by the commission;
1554          (b) provide the large-scale electric utility's customers significant benefits that may
1555     include revenue from utility vehicle charging service that offsets the large-scale electric utility's
1556     costs and expenses; and
1557          (c) facilitate any other measure that the commission determines:
1558          (i) promotes deployment of utility-owned vehicle charging infrastructure and utility
1559     vehicle charging service; or
1560          (ii) creates significant benefits in the long term for customers of the large-scale electric
1561     utility.
1562          (8) A large-scale electric utility that establishes and implements a charging
1563     infrastructure program shall annually, on or before June 1, submit a written report to the Public
1564     Utilities, Energy, and Technology Interim Committee of the Legislature about the charging
1565     infrastructure program's activities during the previous calendar year, including information on:
1566          (a) the charging infrastructure program's status, operation, funding, and benefits;
1567          (b) the disposition of charging infrastructure program funds; and
1568          (c) the charging infrastructure program's impact on rates.
1569          Section 35. Section 59-1-403 is amended to read:
1570          59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1571          (1) (a) Any of the following may not divulge or make known in any manner any
1572     information gained by that person from any return filed with the commission:
1573          (i) a tax commissioner;
1574          (ii) an agent, clerk, or other officer or employee of the commission; or
1575          (iii) a representative, agent, clerk, or other officer or employee of any county, city, or

1576     town.
1577          (b) An official charged with the custody of a return filed with the commission is not
1578     required to produce the return or evidence of anything contained in the return in any action or
1579     proceeding in any court, except:
1580          (i) in accordance with judicial order;
1581          (ii) on behalf of the commission in any action or proceeding under:
1582          (A) this title; or
1583          (B) other law under which persons are required to file returns with the commission;
1584          (iii) on behalf of the commission in any action or proceeding to which the commission
1585     is a party; or
1586          (iv) on behalf of any party to any action or proceeding under this title if the report or
1587     facts shown by the return are directly involved in the action or proceeding.
1588          (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1589     admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1590     pertinent to the action or proceeding.
1591          (2) This section does not prohibit:
1592          (a) a person or that person's duly authorized representative from receiving a copy of
1593     any return or report filed in connection with that person's own tax;
1594          (b) the publication of statistics as long as the statistics are classified to prevent the
1595     identification of particular reports or returns; and
1596          (c) the inspection by the attorney general or other legal representative of the state of the
1597     report or return of any taxpayer:
1598          (i) who brings action to set aside or review a tax based on the report or return;
1599          (ii) against whom an action or proceeding is contemplated or has been instituted under
1600     this title; or
1601          (iii) against whom the state has an unsatisfied money judgment.
1602          (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
1603     commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1604     Rulemaking Act, provide for a reciprocal exchange of information with:
1605          (i) the United States Internal Revenue Service; or
1606          (ii) the revenue service of any other state.

1607          (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1608     corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1609     Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1610     other written statements with the federal government, any other state, any of the political
1611     subdivisions of another state, or any political subdivision of this state, except as limited by
1612     Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
1613     government grant substantially similar privileges to this state.
1614          (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1615     corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1616     Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1617     identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1618     due.
1619          (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1620     Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
1621     requested by the director of the Division of Environmental Response and Remediation, any
1622     records, returns, or other information filed with the commission under Chapter 13, Motor and
1623     Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
1624     participation fee.
1625          (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1626     provide that person sales and purchase volume data reported to the commission on a report,
1627     return, or other information filed with the commission under:
1628          (i) Chapter 13, Part 2, Motor Fuel; or
1629          (ii) Chapter 13, Part 4, Aviation Fuel.
1630          (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
1631     as defined in Section 59-22-202, the commission shall report to the manufacturer:
1632          (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1633     manufacturer and reported to the commission for the previous calendar year under Section
1634     59-14-407; and
1635          (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1636     manufacturer for which a tax refund was granted during the previous calendar year under
1637     Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).

1638          (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1639     distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1640     from selling cigarettes to consumers within the state under Subsection 59-14-210(2).
1641          (h) Notwithstanding Subsection (1), the commission may:
1642          (i) provide to the Division of Consumer Protection within the Department of
1643     Commerce and the attorney general data:
1644          (A) reported to the commission under Section 59-14-212; or
1645          (B) related to a violation under Section 59-14-211; and
1646          (ii) upon request, provide to any person data reported to the commission under
1647     Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
1648          (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1649     of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1650     Management and Budget, provide to the committee or office the total amount of revenues
1651     collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the
1652     time period specified by the committee or office.
1653          (j) Notwithstanding Subsection (1), the commission shall make the directory required
1654     by Section 59-14-603 available for public inspection.
1655          (k) Notwithstanding Subsection (1), the commission may share information with
1656     federal, state, or local agencies as provided in Subsection 59-14-606(3).
1657          (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1658     Recovery Services within the Department of Human Services any relevant information
1659     obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1660     who has become obligated to the Office of Recovery Services.
1661          (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
1662     Recovery Services to any other state's child support collection agency involved in enforcing
1663     that support obligation.
1664          (m) (i) Notwithstanding Subsection (1), upon request from the state court
1665     administrator, the commission shall provide to the state court administrator, the name, address,
1666     telephone number, county of residence, and social security number on resident returns filed
1667     under Chapter 10, Individual Income Tax Act.
1668          (ii) The state court administrator may use the information described in Subsection

1669     (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
1670          (n) (i) As used in this Subsection (3)(n):
1671          (A) ["GOED"] "GO Utah office" means the Governor's Office of Economic
1672     [Development] Opportunity created in Section [63N-1-201] 63N-1a-301.
1673          (B) "Income tax information" means information gained by the commission that is
1674     required to be attached to or included in a return filed with the commission under Chapter 7,
1675     Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
1676          (C) "Other tax information" means information gained by the commission that is
1677     required to be attached to or included in a return filed with the commission except for a return
1678     filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
1679     Income Tax Act.
1680          (D) "Tax information" means income tax information or other tax information.
1681          (ii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1682     (3)(n)(ii)(B) or (C), the commission shall at the request of [GOED] the GO Utah office provide
1683     to [GOED] the GO Utah office all income tax information.
1684          (B) For purposes of a request for income tax information made under Subsection
1685     (3)(n)(ii)(A), [GOED] the GO Utah office may not request and the commission may not
1686     provide to [GOED] the GO Utah office a person's address, name, social security number, or
1687     taxpayer identification number.
1688          (C) In providing income tax information to [GOED] the GO Utah office, the
1689     commission shall in all instances protect the privacy of a person as required by Subsection
1690     (3)(n)(ii)(B).
1691          (iii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1692     (3)(n)(iii)(B), the commission shall at the request of [GOED] the GO Utah office provide to
1693     [GOED] the GO Utah office other tax information.
1694          (B) Before providing other tax information to [GOED] the GO Utah office, the
1695     commission shall redact or remove any name, address, social security number, or taxpayer
1696     identification number.
1697          (iv) [GOED] The GO Utah office may provide tax information received from the
1698     commission in accordance with this Subsection (3)(n) only:
1699          (A) as a fiscal estimate, fiscal note information, or statistical information; and

1700          (B) if the tax information is classified to prevent the identification of a particular
1701     return.
1702          (v) (A) A person may not request tax information from [GOED] the GO Utah office
1703     under Title 63G, Chapter 2, Government Records Access and Management Act, or this section,
1704     if [GOED] the GO Utah office received the tax information from the commission in
1705     accordance with this Subsection (3)(n).
1706          (B) [GOED] The GO Utah office may not provide to a person that requests tax
1707     information in accordance with Subsection (3)(n)(v)(A) any tax information other than the tax
1708     information [GOED] the GO Utah office provides in accordance with Subsection (3)(n)(iv).
1709          (o) Notwithstanding Subsection (1), the commission may provide to the governing
1710     board of the agreement or a taxing official of another state, the District of Columbia, the United
1711     States, or a territory of the United States:
1712          (i) the following relating to an agreement sales and use tax:
1713          (A) information contained in a return filed with the commission;
1714          (B) information contained in a report filed with the commission;
1715          (C) a schedule related to Subsection (3)(o)(i)(A) or (B); or
1716          (D) a document filed with the commission; or
1717          (ii) a report of an audit or investigation made with respect to an agreement sales and
1718     use tax.
1719          (p) Notwithstanding Subsection (1), the commission may provide information
1720     concerning a taxpayer's state income tax return or state income tax withholding information to
1721     the Driver License Division if the Driver License Division:
1722          (i) requests the information; and
1723          (ii) provides the commission with a signed release form from the taxpayer allowing the
1724     Driver License Division access to the information.
1725          (q) Notwithstanding Subsection (1), the commission shall provide to the Utah
1726     Communications Authority, or a division of the Utah Communications Authority, the
1727     information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
1728     63H-7a-502.
1729          (r) Notwithstanding Subsection (1), the commission shall provide to the Utah
1730     Educational Savings Plan information related to a resident or nonresident individual's

1731     contribution to a Utah Educational Savings Plan account as designated on the resident or
1732     nonresident's individual income tax return as provided under Section 59-10-1313.
1733          (s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1734     Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
1735     Department of Health or its designee with the adjusted gross income of an individual if:
1736          (i) an eligibility worker with the Department of Health or its designee requests the
1737     information from the commission; and
1738          (ii) the eligibility worker has complied with the identity verification and consent
1739     provisions of Sections 26-18-2.5 and 26-40-105.
1740          (t) Notwithstanding Subsection (1), the commission may provide to a county, as
1741     determined by the commission, information declared on an individual income tax return in
1742     accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1743     authorized under Section 59-2-103.
1744          (u) Notwithstanding Subsection (1), the commission shall provide a report regarding
1745     any access line provider that is over 90 days delinquent in payment to the commission of
1746     amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
1747     Telecommunications Service Charges, to the board of the Utah Communications Authority
1748     created in Section 63H-7a-201.
1749          (v) Notwithstanding Subsection (1), the commission shall provide the Department of
1750     Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
1751     previous calendar year under Section 59-24-103.5.
1752          (w) Notwithstanding Subsection (1), the commission may, upon request, provide to the
1753     Department of Workforce Services any information received under Chapter 10, Part 4,
1754     Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
1755          (x) Notwithstanding Subsection (1), the commission may provide the Public Service
1756     Commission or the Division of Public Utilities information related to a seller that collects and
1757     remits to the commission a charge described in Subsection 69-2-405(2), including the seller's
1758     identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.
1759          (4) (a) Each report and return shall be preserved for at least three years.
1760          (b) After the three-year period provided in Subsection (4)(a) the commission may
1761     destroy a report or return.

1762          (5) (a) Any individual who violates this section is guilty of a class A misdemeanor.
1763          (b) If the individual described in Subsection (5)(a) is an officer or employee of the
1764     state, the individual shall be dismissed from office and be disqualified from holding public
1765     office in this state for a period of five years thereafter.
1766          (c) Notwithstanding Subsection (5)(a) or (b), [GOED] the GO Utah office, when
1767     requesting information in accordance with Subsection (3)(n)(iii), or an individual who requests
1768     information in accordance with Subsection (3)(n)(v):
1769          (i) is not guilty of a class A misdemeanor; and
1770          (ii) is not subject to:
1771          (A) dismissal from office in accordance with Subsection (5)(b); or
1772          (B) disqualification from holding public office in accordance with Subsection (5)(b).
1773          (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1774          Section 36. Section 59-7-159 is amended to read:
1775          59-7-159. Review of credits allowed under this chapter.
1776          (1) As used in this section, "committee" means the Revenue and Taxation Interim
1777     Committee.
1778          (2) (a) The committee shall review the tax credits described in this chapter as provided
1779     in Subsection (3) and make recommendations concerning whether the tax credits should be
1780     continued, modified, or repealed.
1781          (b) In conducting the review required under Subsection (2)(a), the committee shall:
1782          (i) schedule time on at least one committee agenda to conduct the review;
1783          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
1784     under review to provide testimony;
1785          (iii) (A) invite the Governor's Office of Economic [Development] Opportunity to
1786     present a summary and analysis of the information for each tax credit regarding which the
1787     Governor's Office of Economic [Development] Opportunity is required to make a report under
1788     this chapter; and
1789          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
1790     analysis of the information for each tax credit regarding which the Office of the Legislative
1791     Fiscal Analyst is required to make a report under this chapter;
1792          (iv) ensure that the committee's recommendations described in this section include an

1793     evaluation of:
1794          (A) the cost of the tax credit to the state;
1795          (B) the purpose and effectiveness of the tax credit; and
1796          (C) the extent to which the state benefits from the tax credit; and
1797          (v) undertake other review efforts as determined by the committee chairs or as
1798     otherwise required by law.
1799          (3) (a) On or before November 30, 2017, and every three years after 2017, the
1800     committee shall conduct the review required under Subsection (2) of the tax credits allowed
1801     under the following sections:
1802          (i) Section 59-7-601;
1803          (ii) Section 59-7-607;
1804          (iii) Section 59-7-612;
1805          (iv) Section 59-7-614.1; and
1806          (v) Section 59-7-614.5.
1807          (b) On or before November 30, 2018, and every three years after 2018, the committee
1808     shall conduct the review required under Subsection (2) of the tax credits allowed under the
1809     following sections:
1810          (i) Section 59-7-609;
1811          (ii) Section 59-7-614.2;
1812          (iii) Section 59-7-614.10;
1813          (iv) Section 59-7-619;
1814          (v) Section 59-7-620; and
1815          (vi) Section 59-7-624.
1816          (c) On or before November 30, 2019, and every three years after 2019, the committee
1817     shall conduct the review required under Subsection (2) of the tax credits allowed under the
1818     following sections:
1819          (i) Section 59-7-610;
1820          (ii) Section 59-7-614; and
1821          (iii) Section 59-7-614.7[; and].
1822          [(iv) Section 59-7-618.]
1823          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall

1824     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
1825     2017.
1826          (ii) The committee shall complete a review described in this Subsection (3)(d) three
1827     years after the effective date of the tax credit and every three years after the initial review date.
1828          Section 37. Section 59-7-614.2 is amended to read:
1829          59-7-614.2. Refundable economic development tax credit.
1830          (1) As used in this section:
1831          (a) "Business entity" means a taxpayer that meets the definition of "business entity" as
1832     defined in Section 63N-2-103.
1833          (b) "Community reinvestment agency" means the same as that term is defined in
1834     Section 17C-1-102.
1835          (c) "Incremental job" means the same as that term is defined in Section 63N-1a-102.
1836          [(c)] (d) "Local government entity" means the same as that term is defined in Section
1837     63N-2-103.
1838          [(d) "New incremental jobs" means the same as that term is defined in Section
1839     63N-2-103.]
1840          (e) "New state [revenues] revenue" means the same as that term is defined in Section
1841     [63N-2-103] 63N-1a-102.
1842          (f) "Office" means the Governor's Office of Economic [Development] Opportunity.
1843          (2) Subject to the other provisions of this section, a business entity, local government
1844     entity, or community reinvestment agency may claim a refundable tax credit for economic
1845     development.
1846          (3) The tax credit under this section is the amount listed as the tax credit amount on the
1847     tax credit certificate that the office issues to the business entity, local government entity, or
1848     community reinvestment agency for the taxable year.
1849          (4) A community reinvestment agency may claim a tax credit under this section only if
1850     a local government entity assigns the tax credit to the community reinvestment agency in
1851     accordance with Section 63N-2-104.
1852          (5) (a) In accordance with any rules prescribed by the commission under Subsection
1853     (5)(b), the commission shall make a refund to the following that claim a tax credit under this
1854     section:

1855          (i) a local government entity;
1856          (ii) a community reinvestment agency; or
1857          (iii) a business entity if the amount of the tax credit exceeds the business entity's tax
1858     liability for a taxable year.
1859          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1860     commission may make rules providing procedures for making a refund to a business entity,
1861     local government entity, or community reinvestment agency as required by Subsection (5)(a).
1862          (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1863     Committee shall study the tax credit allowed by this section and make recommendations
1864     concerning whether the tax credit should be continued, modified, or repealed.
1865          (b) Except as provided in Subsection (6)(c), for purposes of the study required by this
1866     Subsection (6), the office shall provide the following information, if available to the office, to
1867     the Revenue and Taxation Interim Committee by electronic means:
1868          (i) the amount of tax credit that the office grants to each business entity, local
1869     government entity, or community reinvestment agency for each calendar year;
1870          (ii) the criteria that the office uses in granting a tax credit;
1871          (iii) (A) for a business entity, the new state [revenues] revenue generated by the
1872     business entity for the calendar year; or
1873          (B) for a local government entity, regardless of whether the local government entity
1874     assigns the tax credit in accordance with Section 63N-2-104, the new state [revenues] revenue
1875     generated as a result of a new commercial project within the local government entity for each
1876     calendar year;
1877          (iv) estimates for each of the next three calendar years of the following:
1878          (A) the amount of tax credits that the office will grant;
1879          (B) the amount of new state [revenues] revenue that will be generated; and
1880          (C) the number of new incremental jobs within the state that will be generated;
1881          (v) the information contained in the office's latest report under Section 63N-2-106; and
1882          (vi) any other information that the Revenue and Taxation Interim Committee requests.
1883          (c) (i) In providing the information described in Subsection (6)(b), the office shall
1884     redact information that identifies a recipient of a tax credit under this section.
1885          (ii) If, notwithstanding the redactions made under Subsection (6)(c)(i), reporting the

1886     information described in Subsection (6)(b) might disclose the identity of a recipient of a tax
1887     credit, the office may file a request with the Revenue and Taxation Interim Committee to
1888     provide the information described in Subsection (6)(b) in the aggregate for all entities and
1889     agencies that receive the tax credit under this section.
1890          (d) The Revenue and Taxation Interim Committee shall ensure that the
1891     recommendations described in Subsection (6)(a) include an evaluation of:
1892          (i) the cost of the tax credit to the state;
1893          (ii) the purpose and effectiveness of the tax credit; and
1894          (iii) the extent to which the state benefits from the tax credit.
1895          Section 38. Section 59-7-614.5 is amended to read:
1896          59-7-614.5. Refundable motion picture tax credit.
1897          (1) As used in this section:
1898          (a) "Motion picture company" means a taxpayer that meets the definition of a motion
1899     picture company under Section 63N-8-102.
1900          (b) "Office" means the Governor's Office of Economic [Development] Opportunity
1901     created in Section [63N-1-201] 63N-1a-301.
1902          (c) "State-approved production" means the same as that term is defined in Section
1903     63N-8-102.
1904          (2) For a taxable year beginning on or after January 1, 2009, a motion picture company
1905     may claim a refundable tax credit for a state-approved production.
1906          (3) The tax credit under this section is the amount listed as the tax credit amount on the
1907     tax credit certificate that the office issues to a motion picture company under Section
1908     63N-8-103 for the taxable year.
1909          (4) (a) In accordance with any rules prescribed by the commission under Subsection
1910     (4)(b), the commission shall make a refund to a motion picture company that claims a tax
1911     credit under this section if the amount of the tax credit exceeds the motion picture company's
1912     tax liability for a taxable year.
1913          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1914     commission may make rules providing procedures for making a refund to a motion picture
1915     company as required by Subsection (4)(a).
1916          (5) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim

1917     Committee shall study the tax credit allowed by this section and make recommendations
1918     concerning whether the tax credit should be continued, modified, or repealed.
1919          (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
1920     this Subsection (5), the office shall provide the following information, if available to the office,
1921     to the Office of the Legislative Fiscal Analyst by electronic means:
1922          (A) the amount of tax credit that the office grants to each motion picture company for
1923     each calendar year;
1924          (B) estimates of the amount of tax credit that the office will grant for each of the next
1925     three calendar years;
1926          (C) the criteria that the office uses in granting the tax credit;
1927          (D) the dollars left in the state, as defined in Section 63N-8-102, by each motion
1928     picture company for each calendar year;
1929          (E) the information contained in the office's latest report under Section [63N-8-105]
1930     63N-1a-306; and
1931          (F) any other information that the Office of the Legislative Fiscal Analyst requests.
1932          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
1933     redact information that identifies a recipient of a tax credit under this section.
1934          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
1935     the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
1936     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1937     provide the information described in Subsection (5)(b)(i) in the aggregate for all motion picture
1938     companies that receive the tax credit under this section.
1939          (c) As part of the study required by this Subsection (5), the Office of the Legislative
1940     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1941     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1942     office under Subsection (5)(b).
1943          (d) The Revenue and Taxation Interim Committee shall ensure that the
1944     recommendations described in Subsection (5)(a) include an evaluation of:
1945          (i) the cost of the tax credit to the state;
1946          (ii) the effectiveness of the tax credit; and
1947          (iii) the extent to which the state benefits from the tax credit.

1948          Section 39. Section 59-7-614.10 is amended to read:
1949          59-7-614.10. Nonrefundable enterprise zone tax credit.
1950          (1) As used in this section:
1951          (a) "Business entity" means a corporation that meets the definition of "business entity"
1952     as that term is defined in Section 63N-2-202.
1953          (b) "Office" means the Governor's Office of Economic [Development] Opportunity
1954     created in Section [63N-1-201] 63N-1a-301.
1955          (2) Subject to the provisions of this section, a business entity may claim a
1956     nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
1957          (3) The enterprise zone tax credit under this section is the amount listed as the tax
1958     credit amount on the tax credit certificate that the office issues to the business entity for the
1959     taxable year.
1960          (4) A business entity may carry forward a tax credit under this section for a period that
1961     does not exceed the next three taxable years, if the amount of the tax credit exceeds the
1962     business entity's tax liability under this chapter for that taxable year.
1963          (5) A business entity may not claim or carry forward a tax credit under this part for a
1964     taxable year during which the business entity has claimed the targeted business income tax
1965     credit under Section 59-7-624.
1966          (6) (a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
1967     Committee shall study the tax credit allowed by this section and make recommendations
1968     concerning whether the tax credit should be continued, modified, or repealed.
1969          (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
1970     this Subsection (6), the office shall provide by electronic means the following information for
1971     each calendar year to the Office of the Legislative Fiscal Analyst:
1972          (A) the amount of tax credits provided in each development zone;
1973          (B) the number of new full-time employee positions reported to obtain tax credits in
1974     each development zone;
1975          (C) the amount of tax credits awarded for rehabilitating a building in each development
1976     zone;
1977          (D) the amount of tax credits awarded for investing in a plant, equipment, or other
1978     depreciable property in each development zone;

1979          (E) the information related to the tax credit contained in the office's latest report under
1980     Section 63N-1-301; and
1981          (F) any other information that the Office of the Legislative Fiscal Analyst requests.
1982          (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
1983     redact information that identifies a recipient of a tax credit under this section.
1984          (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
1985     the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
1986     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
1987     provide the information described in Subsection (6)(b)(i) in the aggregate for all development
1988     zones that receive the tax credit under this section.
1989          (c) As part of the study required by this Subsection (6), the Office of the Legislative
1990     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
1991     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
1992     office under Subsection (6)(b).
1993          (d) The Revenue and Taxation Interim Committee shall ensure that the
1994     recommendations described in Subsection (6)(a) include an evaluation of:
1995          (i) the cost of the tax credit to the state;
1996          (ii) the purpose and effectiveness of the tax credit; and
1997          (iii) the extent to which the state benefits from the tax credit.
1998          Section 40. Section 59-7-621 is amended to read:
1999          59-7-621. Nonrefundable rural job creation tax credit.
2000          (1) As used in this section, "office" means the Governor's Office of Economic
2001     [Development] Opportunity created in Section [63N-1-201] 63N-1a-301.
2002          (2) Subject to the other provisions of this section, a taxpayer may claim a
2003     nonrefundable tax credit for rural job creation as provided in this section.
2004          (3) The tax credit under this section is the amount listed as the tax credit amount on a
2005     tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
2006     Act, to the taxpayer for the taxable year.
2007          (4) A taxpayer may carry forward a tax credit under this section for the next seven
2008     taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
2009     chapter for the taxable year in which the taxpayer claims the tax credit.

2010          Section 41. Section 59-7-624 is amended to read:
2011          59-7-624. Targeted business income tax credit.
2012          (1) As used in this section, "business applicant" means the same as that term is defined
2013     in Section 63N-2-302.
2014          (2) A business applicant that is certified and issued a targeted business income tax
2015     eligibility certificate by the Governor's Office of Economic [Development] Opportunity under
2016     Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
2017     business income tax eligibility certificate.
2018          (3) For a taxable year for which a business applicant claims a targeted business income
2019     tax credit under this section, the business applicant may not claim or carry forward a tax credit
2020     under Section 59-7-610, Section 59-10-1007, or Title 63N, Chapter 2, Part 2, Enterprise Zone
2021     Act.
2022          Section 42. Section 59-10-137 is amended to read:
2023          59-10-137. Review of credits allowed under this chapter.
2024          (1) As used in this section, "committee" means the Revenue and Taxation Interim
2025     Committee.
2026          (2) (a) The committee shall review the tax credits described in this chapter as provided
2027     in Subsection (3) and make recommendations concerning whether the tax credits should be
2028     continued, modified, or repealed.
2029          (b) In conducting the review required under Subsection (2)(a), the committee shall:
2030          (i) schedule time on at least one committee agenda to conduct the review;
2031          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
2032     under review to provide testimony;
2033          (iii) (A) invite the Governor's Office of Economic [Development] Opportunity to
2034     present a summary and analysis of the information for each tax credit regarding which the
2035     Governor's Office of Economic [Development] Opportunity is required to make a report under
2036     this chapter; and
2037          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
2038     analysis of the information for each tax credit regarding which the Office of the Legislative
2039     Fiscal Analyst is required to make a report under this chapter;
2040          (iv) ensure that the committee's recommendations described in this section include an

2041     evaluation of:
2042          (A) the cost of the tax credit to the state;
2043          (B) the purpose and effectiveness of the tax credit; and
2044          (C) the extent to which the state benefits from the tax credit; and
2045          (v) undertake other review efforts as determined by the committee chairs or as
2046     otherwise required by law.
2047          (3) (a) On or before November 30, 2017, and every three years after 2017, the
2048     committee shall conduct the review required under Subsection (2) of the tax credits allowed
2049     under the following sections:
2050          (i) Section 59-10-1004;
2051          (ii) Section 59-10-1010;
2052          (iii) Section 59-10-1015;
2053          (iv) Section 59-10-1025;
2054          (v) Section 59-10-1027;
2055          (vi) Section 59-10-1031;
2056          (vii) Section 59-10-1032;
2057          (viii) Section 59-10-1035;
2058          (ix) Section 59-10-1104;
2059          (x) Section 59-10-1105; and
2060          (xi) Section 59-10-1108.
2061          (b) On or before November 30, 2018, and every three years after 2018, the committee
2062     shall conduct the review required under Subsection (2) of the tax credits allowed under the
2063     following sections:
2064          (i) Section 59-10-1005;
2065          (ii) Section 59-10-1006;
2066          (iii) Section 59-10-1012;
2067          (iv) Section 59-10-1022;
2068          (v) Section 59-10-1023;
2069          (vi) Section 59-10-1028;
2070          (vii) Section 59-10-1034;
2071          (viii) Section 59-10-1037;

2072          (ix) Section 59-10-1107; and
2073          (x) Section 59-10-1112.
2074          (c) On or before November 30, 2019, and every three years after 2019, the committee
2075     shall conduct the review required under Subsection (2) of the tax credits allowed under the
2076     following sections:
2077          (i) Section 59-10-1007;
2078          (ii) Section 59-10-1014;
2079          (iii) Section 59-10-1017;
2080          (iv) Section 59-10-1018;
2081          (v) Section 59-10-1019;
2082          (vi) Section 59-10-1024;
2083          (vii) Section 59-10-1029;
2084          [(viii) Section 59-10-1033;]
2085          [(ix)] (viii) Section 59-10-1036;
2086          [(x)] (ix) Section 59-10-1106; and
2087          [(xi)] (x) Section 59-10-1111.
2088          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
2089     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
2090     2017.
2091          (ii) The committee shall complete a review described in this Subsection (3)(d) three
2092     years after the effective date of the tax credit and every three years after the initial review date.
2093          Section 43. Section 59-10-1037 is amended to read:
2094          59-10-1037. Nonrefundable enterprise zone tax credit.
2095          (1) As used in this section:
2096          (a) "Business entity" means a claimant, estate, or trust that meets the definition of
2097     "business entity" as that term is defined in Section 63N-2-202.
2098          (b) "Office" means the Governor's Office of Economic [Development] Opportunity
2099     created in Section [63N-1-201] 63N-1a-301.
2100          (2) Subject to the provisions of this section, a business entity may claim a
2101     nonrefundable enterprise zone tax credit as described in Section 63N-2-213.
2102          (3) The enterprise zone tax credit under this section is the amount listed as the tax

2103     credit amount on the tax credit certificate that the office issues to the business entity for the
2104     taxable year.
2105          (4) A business entity may carry forward a tax credit under this section for a period that
2106     does not exceed the next three taxable years, if the amount of the tax credit exceeds the
2107     business entity's tax liability under this chapter for that taxable year.
2108          (5) A business entity may not claim or carry forward a tax credit under this part for a
2109     taxable year during which the business entity has claimed the targeted business income tax
2110     credit under Section 59-10-1112.
2111          (6) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2112     Committee shall study the tax credit allowed by this section and make recommendations
2113     concerning whether the tax credit should be continued, modified, or repealed.
2114          (b) (i) Except as provided in Subsection (6)(b)(ii), for purposes of the study required by
2115     this Subsection (6), the office shall provide by electronic means the following information, if
2116     available to the office, for each calendar year to the Office of the Legislative Fiscal Analyst:
2117          (A) the amount of tax credits provided in each development zone;
2118          (B) the number of new full-time employee positions reported to obtain tax credits in
2119     each development zone;
2120          (C) the amount of tax credits awarded for rehabilitating a building in each development
2121     zone;
2122          (D) the amount of tax credits awarded for investing in a plant, equipment, or other
2123     depreciable property in each development zone;
2124          (E) the information related to the tax credit contained in the office's latest report under
2125     Section [63N-1-301] 63N-1a-306; and
2126          (F) other information that the Office of the Legislative Fiscal Analyst requests.
2127          (ii) (A) In providing the information described in Subsection (6)(b)(i), the office shall
2128     redact information that identifies a recipient of a tax credit under this section.
2129          (B) If, notwithstanding the redactions made under Subsection (6)(b)(ii)(A), reporting
2130     the information described in Subsection (6)(b)(i) might disclose the identity of a recipient of a
2131     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2132     provide the information described in Subsection (6)(b)(i) in the aggregate for all development
2133     zones that receive the tax credit under this section.

2134          (c) As part of the study required by this Subsection (6), the Office of the Legislative
2135     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2136     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2137     office under Subsection (6)(b).
2138          (d) The Revenue and Taxation Interim Committee shall ensure that the
2139     recommendations described in Subsection (6)(a) include an evaluation of:
2140          (i) the cost of the tax credit to the state;
2141          (ii) the purpose and effectiveness of the tax credit; and
2142          (iii) the extent to which the state benefits from the tax credit.
2143          Section 44. Section 59-10-1038 is amended to read:
2144          59-10-1038. Nonrefundable rural job creation tax credit.
2145          (1) As used in this section, "office" means the Governor's Office of Economic
2146     [Development] Opportunity created in Section [63N-1-201] 63N-1a-301.
2147          (2) Subject to the other provisions of this section, a taxpayer may claim a
2148     nonrefundable tax credit for rural job creation as provided in this section.
2149          (3) The tax credit under this section is the amount listed as the tax credit amount on a
2150     tax credit certificate that the office issues under Title 63N, Chapter 4, Part 3, Utah Rural Jobs
2151     Act, to the taxpayer for the taxable year.
2152          (4) A taxpayer may carry forward a tax credit under this section for the next seven
2153     taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
2154     chapter for the taxable year in which the taxpayer claims the tax credit.
2155          Section 45. Section 59-10-1107 is amended to read:
2156          59-10-1107. Refundable economic development tax credit.
2157          (1) As used in this section:
2158          (a) "Business entity" means a claimant, estate, or trust that meets the definition of
2159     "business entity" as defined in Section 63N-2-103.
2160          [(b) "New incremental jobs" means the same as that term is defined in Section
2161     63N-2-103.]
2162          (b) "Incremental job" means the same as that term is defined in Section 63N-1a-102.
2163          (c) "New state [revenues] revenue" means the same as that term is defined in Section
2164     [63N-2-103] 63N-1a-102.

2165          (d) "Office" means the Governor's Office of Economic [Development] Opportunity.
2166          (2) Subject to the other provisions of this section, a business entity may claim a
2167     refundable tax credit for economic development.
2168          (3) The tax credit under this section is the amount listed as the tax credit amount on the
2169     tax credit certificate that the office issues to the business entity for the taxable year.
2170          (4) (a) In accordance with any rules prescribed by the commission under Subsection
2171     (4)(b), the commission shall make a refund to a business entity that claims a tax credit under
2172     this section if the amount of the tax credit exceeds the business entity's tax liability for a
2173     taxable year.
2174          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2175     commission may make rules providing procedures for making a refund to a business entity as
2176     required by Subsection (4)(a).
2177          (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2178     Committee shall study the tax credit allowed by this section and make recommendations
2179     concerning whether the tax credit should be continued, modified, or repealed.
2180          (b) Except as provided in Subsection (5)(c), for purposes of the study required by this
2181     Subsection (5), the office shall provide the following information, if available to the office, to
2182     the Revenue and Taxation Interim Committee by electronic means:
2183          (i) the amount of tax credit the office grants to each taxpayer for each calendar year;
2184          (ii) the criteria the office uses in granting a tax credit;
2185          (iii) the new state [revenues] revenue generated by each taxpayer for each calendar
2186     year;
2187          (iv) estimates for each of the next three calendar years of the following:
2188          (A) the amount of tax credits that the office will grant;
2189          (B) the amount of new state [revenues] revenue that will be generated; and
2190          (C) the number of new incremental jobs within the state that will be generated;
2191          (v) the information contained in the office's latest report under Section 63N-2-106; and
2192          (vi) any other information that the Revenue and Taxation Interim Committee requests.
2193          (c) (i) In providing the information described in Subsection (5)(b), the office shall
2194     redact information that identifies a recipient of a tax credit under this section.
2195          (ii) If, notwithstanding the redactions made under Subsection (5)(c)(i), reporting the

2196     information described in Subsection (5)(b) might disclose the identity of a recipient of a tax
2197     credit, the office may file a request with the Revenue and Taxation Interim Committee to
2198     provide the information described in Subsection (5)(b) in the aggregate for all taxpayers that
2199     receive the tax credit under this section.
2200          (d) The Revenue and Taxation Interim Committee shall ensure that the
2201     recommendations described in Subsection (5)(a) include an evaluation of:
2202          (i) the cost of the tax credit to the state;
2203          (ii) the purpose and effectiveness of the tax credit; and
2204          (iii) the extent to which the state benefits from the tax credit.
2205          Section 46. Section 59-10-1108 is amended to read:
2206          59-10-1108. Refundable motion picture tax credit.
2207          (1) As used in this section:
2208          (a) "Motion picture company" means a claimant, estate, or trust that meets the
2209     definition of a motion picture company under Section 63N-8-102.
2210          (b) "Office" means the Governor's Office of Economic [Development] Opportunity
2211     created in Section [63N-1-201] 63N-1a-301.
2212          (c) "State-approved production" means the same as that term is defined in Section
2213     63N-8-102.
2214          (2) For a taxable year beginning on or after January 1, 2009, a motion picture company
2215     may claim a refundable tax credit for a state-approved production.
2216          (3) The tax credit under this section is the amount listed as the tax credit amount on the
2217     tax credit certificate that the office issues to a motion picture company under Section
2218     63N-8-103 for the taxable year.
2219          (4) (a) In accordance with any rules prescribed by the commission under Subsection
2220     (4)(b), the commission shall make a refund to a motion picture company that claims a tax
2221     credit under this section if the amount of the tax credit exceeds the motion picture company's
2222     tax liability for the taxable year.
2223          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2224     commission may make rules providing procedures for making a refund to a motion picture
2225     company as required by Subsection (4)(a).
2226          (5) (a) In accordance with Section 59-10-137, the Revenue and Taxation Interim

2227     Committee shall study the tax credit allowed by this section and make recommendations
2228     concerning whether the tax credit should be continued, modified, or repealed.
2229          (b) (i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required by
2230     this Subsection (5), the office shall provide the following information, if available to the office,
2231     to the Office of the Legislative Fiscal Analyst by electronic means:
2232          (A) the amount of tax credit the office grants to each taxpayer for each calendar year;
2233          (B) estimates of the amount of tax credit that the office will grant for each of the next
2234     three calendar years;
2235          (C) the criteria the office uses in granting a tax credit;
2236          (D) the dollars left in the state, as defined in Section 63N-8-102, by each motion
2237     picture company for each calendar year;
2238          (E) the information contained in the office's latest report under Section 63N-8-105; and
2239          (F) any other information that the Office of the Legislative Fiscal Analyst requests.
2240          (ii) (A) In providing the information described in Subsection (5)(b)(i), the office shall
2241     redact information that identifies a recipient of a tax credit under this section.
2242          (B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A), reporting
2243     the information described in Subsection (5)(b)(i) might disclose the identity of a recipient of a
2244     tax credit, the office may file a request with the Revenue and Taxation Interim Committee to
2245     provide the information described in Subsection (5)(b)(i) in the aggregate for all taxpayers that
2246     receive the tax credit under this section.
2247          (c) As part of the study required by this Subsection (5), the Office of the Legislative
2248     Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a summary and
2249     analysis of the information provided to the Office of the Legislative Fiscal Analyst by the
2250     office under Subsection (5)(b).
2251          (d) The Revenue and Taxation Interim Committee shall ensure that the
2252     recommendations described in Subsection (5)(a) include an evaluation of:
2253          (i) the cost of the tax credit to the state;
2254          (ii) the effectiveness of the tax credit; and
2255          (iii) the extent to which the state benefits from the tax credit.
2256          Section 47. Section 59-10-1112 is amended to read:
2257          59-10-1112. Targeted business income tax credit.

2258          (1) As used in this section, "business applicant" means the same as that term is defined
2259     in Section 63N-2-302.
2260          (2) A business applicant that is certified and issued a targeted business income tax
2261     eligibility certificate by the Governor's Office of Economic [Development] Opportunity under
2262     Section 63N-2-304 may claim a refundable tax credit in the amount specified on the targeted
2263     business income tax eligibility certificate.
2264          (3) For a taxable year for which a business applicant claims a targeted business income
2265     tax credit under this section, the business applicant may not claim or carry forward a tax credit
2266     under Section 59-7-610, Section 59-10-1007, or Title 63N, Chapter 2, Part 2, Enterprise Zone
2267     Act.
2268          Section 48. Section 63A-3-111 is amended to read:
2269          63A-3-111. COVID-19 economic recovery programs reports.
2270          (1) As used in this section:
2271          (a) "COVID-19 economic recovery programs" means the programs created in:
2272          (i) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program;
2273          (ii) Subsection [63N-12-508] 63N-1b-307(3); and
2274          (iii) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs.
2275          (b) "Legislative committee" means:
2276          (i) the president of the Senate;
2277          (ii) the speaker of the House of Representatives;
2278          (iii) the minority leader of the Senate; and
2279          (iv) the minority leader of the House of Representatives.
2280          (2) Upon receiving the reports required by Sections 9-6-903, 63N-15-202, and
2281     63N-15-302 and Subsection [63N-12-508] 63N-1b-307(3), the director, in conjunction with the
2282     Division of Arts and Museums and the Governor's Office of Economic [Development]
2283     Opportunity, shall present to the legislative committee the COVID-19 economic recovery
2284     programs.
2285          (3) The legislative committee may make recommendations for adjustments to the
2286     COVID-19 economic recovery programs.
2287          Section 49. Section 63B-18-401 is amended to read:
2288          63B-18-401. Highway bonds -- Maximum amount -- Use of proceeds for highway

2289     projects.
2290          (1) (a) The total amount of bonds issued under this section may not exceed
2291     $2,077,000,000.
2292          (b) When the Department of Transportation certifies to the commission that the
2293     requirements of Subsection 72-2-124(7) have been met and certifies the amount of bond
2294     proceeds that it needs to provide funding for the projects described in Subsection (2) for the
2295     next fiscal year, the commission may issue and sell general obligation bonds in an amount
2296     equal to the certified amount plus costs of issuance.
2297          (2) Except as provided in Subsections (3) and (4), proceeds from the issuance of bonds
2298     shall be provided to the Department of Transportation to pay all or part of the costs of the
2299     following state highway construction or reconstruction projects:
2300          (a) Interstate 15 reconstruction in Utah County;
2301          (b) the Mountain View Corridor;
2302          (c) the Southern Parkway; and
2303          (d) state and federal highways prioritized by the Transportation Commission through:
2304          (i) the prioritization process for new transportation capacity projects adopted under
2305     Section 72-1-304; or
2306          (ii) the state highway construction program.
2307          (3) (a) Except as provided in Subsection (5), the bond proceeds issued under this
2308     section shall be provided to the Department of Transportation.
2309          (b) The Department of Transportation shall use bond proceeds and the funds provided
2310     to it under Section 72-2-124 to pay for the costs of right-of-way acquisition, construction,
2311     reconstruction, renovations, or improvements to the following highways:
2312          (i) $35 million to add highway capacity on I-15 south of the Spanish Fork Main Street
2313     interchange to Payson;
2314          (ii) $28 million for improvements to Riverdale Road in Ogden;
2315          (iii) $1 million for intersection improvements on S.R. 36 at South Mountain Road;
2316          (iv) $2 million for capacity enhancements on S.R. 248 between Sidewinder Drive and
2317     Richardson Flat Road;
2318          (v) $12 million for Vineyard Connector from 800 North Geneva Road to Lake Shore
2319     Road;

2320          (vi) $7 million for 2600 South interchange modifications in Woods Cross;
2321          (vii) $9 million for reconfiguring the 1100 South interchange on I-15 in Box Elder
2322     County;
2323          (viii) $18 million for the Provo west-side connector;
2324          (ix) $8 million for interchange modifications on I-15 in the Layton area;
2325          (x) $3,000,000 for an energy corridor study and environmental review for
2326     improvements in the Uintah Basin;
2327          (xi) $2,000,000 for highway improvements to Harrison Boulevard in Ogden City;
2328          (xii) $2,500,000 to be provided to Tooele City for roads around the Utah State
2329     University campus to create improved access to an institution of higher education;
2330          (xiii) $3,000,000 to be provided to the Utah Office of Tourism within the Governor's
2331     Office of Economic [Development] Opportunity for transportation infrastructure improvements
2332     associated with annual tourism events that have:
2333          (A) a significant economic development impact within the state; and
2334          (B) significant needs for congestion mitigation;
2335          (xiv) $4,500,000 to be provided to the Governor's Office of Economic [Development]
2336     Opportunity for transportation infrastructure acquisitions and improvements that have a
2337     significant economic development impact within the state;
2338          (xv) $125,000,000 to pay all or part of the costs of state and federal highway
2339     construction or reconstruction projects prioritized by the Transportation Commission through
2340     the prioritization process for new transportation capacity projects adopted under Section
2341     72-1-304;
2342          (xvi) $10,000,000 for the Transportation Fund to pay all or part of the costs of state
2343     and federal highway construction or reconstruction projects as prioritized by the Transportation
2344     Commission;
2345          (xvii) $13,000,000 for corridor preservation and land acquisition for a transit hub at the
2346     mouth of Big Cottonwood Canyon;
2347          (xviii) $10,000,000 to be provided to the Governor's Office of Economic
2348     [Development] Opportunity for transportation infrastructure and right-of-way acquisitions in a
2349     project area created by the military installation development authority created in Section
2350     63H-1-201;

2351          (xix) $28,000,000 for right-of-way or land acquisition, design, engineering, and
2352     construction of infrastructure related to the Inland Port Authority created in Section 11-58-201;
2353          (xx) $6,000,000 for right-of-way acquisition, design, engineering, and construction
2354     related to Shepard Lane in Davis County; and
2355          (xxi) $4,000,000 for right-of-way acquisition, design, engineering, and construction
2356     costs related to 1600 North in Orem City.
2357          (4) (a) The Department of Transportation shall use bond proceeds and the funds under
2358     Section 72-2-121 to pay for, or to provide funds to, a municipality, county, or political
2359     subdivision to pay for the costs of right-of-way acquisition, construction, reconstruction,
2360     renovations, or improvements to the following highway or transit projects in Salt Lake County:
2361          (i) $4,000,000 to Taylorsville City for bus rapid transit planning on 4700 South;
2362          (ii) $4,200,000 to Taylorsville City for highway improvements on or surrounding 6200
2363     South and pedestrian crossings and system connections;
2364          (iii) $2,250,000 to Herriman City for highway improvements to the Salt Lake
2365     Community College Road;
2366          (iv) $5,300,000 to West Jordan City for highway improvements on 5600 West from
2367     6200 South to 8600 South;
2368          (v) $4,000,000 to West Jordan City for highway improvements to 7800 South from
2369     1300 West to S.R. 111;
2370          (vi) $7,300,000 to Sandy City for highway improvements on Monroe Street;
2371          (vii) $3,000,000 to Draper City for highway improvements to 13490 South from 200
2372     West to 700 West;
2373          (viii) $5,000,000 to Draper City for highway improvements to Suncrest Road;
2374          (ix) $1,200,000 to Murray City for highway improvements to 5900 South from State
2375     Street to 900 East;
2376          (x) $1,800,000 to Murray City for highway improvements to 1300 East;
2377          (xi) $3,000,000 to South Salt Lake City for intersection improvements on West
2378     Temple, Main Street, and State Street;
2379          (xii) $2,000,000 to Salt Lake County for highway improvements to 5400 South from
2380     5600 West to Mountain View Corridor;
2381          (xiii) $3,000,000 to West Valley City for highway improvements to 6400 West from

2382     Parkway Boulevard to SR-201 Frontage Road;
2383          (xiv) $4,300,000 to West Valley City for highway improvements to 2400 South from
2384     4800 West to 7200 West and pedestrian crossings;
2385          (xv) $4,000,000 to Salt Lake City for highway improvements to 700 South from 2800
2386     West to 5600 West;
2387          (xvi) $2,750,000 to Riverton City for highway improvements to 4570 West from
2388     12600 South to Riverton Boulevard;
2389          (xvii) $1,950,000 to Cottonwood Heights for improvements to Union Park Avenue
2390     from I-215 exit south to Creek Road and Wasatch Boulevard and Big Cottonwood Canyon;
2391          (xviii) $1,300,000 to Cottonwood Heights for highway improvements to Bengal
2392     Boulevard;
2393          (xix) $1,500,000 to Midvale City for highway improvements to 7200 South from I-15
2394     to 1000 West;
2395          (xx) $1,000,000 to Bluffdale City for an environmental impact study on Porter
2396     Rockwell Boulevard;
2397          (xxi) $2,900,000 to the Utah Transit Authority for the following public transit studies:
2398          (A) a circulator study; and
2399          (B) a mountain transport study; and
2400          (xxii) $1,000,000 to South Jordan City for highway improvements to 2700 West.
2401          (b) (i) Before providing funds to a municipality or county under this Subsection (4), the
2402     Department of Transportation shall obtain from the municipality or county:
2403          (A) a written certification signed by the county or city mayor or the mayor's designee
2404     certifying that the municipality or county will use the funds provided under this Subsection (4)
2405     solely for the projects described in Subsection (4)(a); and
2406          (B) other documents necessary to protect the state and the bondholders and to ensure
2407     that all legal requirements are met.
2408          (ii) Except as provided in Subsection (4)(c), by January 1 of each year, the municipality
2409     or county receiving funds described in this Subsection (4) shall submit to the Department of
2410     Transportation a statement of cash flow for the next fiscal year detailing the funds necessary to
2411     pay project costs for the projects described in Subsection (4)(a).
2412          (iii) After receiving the statement required under Subsection (4)(b)(ii) and after July 1,

2413     the Department of Transportation shall provide funds to the municipality or county necessary to
2414     pay project costs for the next fiscal year based upon the statement of cash flow submitted by
2415     the municipality or county.
2416          (iv) Upon the financial close of each project described in Subsection (4)(a), the
2417     municipality or county receiving funds under this Subsection (4) shall submit a statement to the
2418     Department of Transportation detailing the expenditure of funds received for each project.
2419          (c) For calendar year 2012 only:
2420          (i) the municipality or county shall submit to the Department of Transportation a
2421     statement of cash flow as provided in Subsection (4)(b)(ii) as soon as possible; and
2422          (ii) the Department of Transportation shall provide funds to the municipality or county
2423     necessary to pay project costs based upon the statement of cash flow.
2424          (5) Twenty million dollars of the bond proceeds issued under this section and funds
2425     available under Section 72-2-124 shall be provided to the State Infrastructure Bank Fund
2426     created by Section 72-2-202 to make funds available for transportation infrastructure loans and
2427     transportation infrastructure assistance under Title 72, Chapter 2, Part 2, State Infrastructure
2428     Bank Fund.
2429          (6) The costs under Subsections (2), (3), and (4) may include the costs of studies
2430     necessary to make transportation infrastructure improvements, the cost of acquiring land,
2431     interests in land, easements and rights-of-way, improving sites, and making all improvements
2432     necessary, incidental, or convenient to the facilities, interest estimated to accrue on these bonds
2433     during the period to be covered by construction of the projects plus a period of six months after
2434     the end of the construction period, interest estimated to accrue on any bond anticipation notes
2435     issued under the authority of this title, and all related engineering, architectural, and legal fees.
2436          (7) The commission or the state treasurer may make any statement of intent relating to
2437     a reimbursement that is necessary or desirable to comply with federal tax law.
2438          (8) The Department of Transportation may enter into agreements related to the projects
2439     described in Subsections (2), (3), and (4) before the receipt of proceeds of bonds issued under
2440     this section.
2441          (9) The Department of Transportation may enter into a new or amend an existing
2442     interlocal agreement related to the projects described in Subsections (3) and (4) to establish any
2443     necessary covenants or requirements not otherwise provided for by law.

2444          Section 50. Section 63B-24-201 is amended to read:
2445          63B-24-201. Authorizations to design and construct capital facilities using
2446     institutional or agency funds.
2447          (1) The Legislature intends that:
2448          (a) the University of Utah may, subject to the requirements of Title 63A, Chapter 5b,
2449     Administration of State Facilities, use up to $8,200,000 in institutional funds to plan, design,
2450     and construct the William C. Browning Building Addition with up to 24,000 square feet;
2451          (b) the university may not use state funds for any portion of this project; and
2452          (c) the university may use state funds for operation and maintenance costs or capital
2453     improvements.
2454          (2) The Legislature intends that:
2455          (a) Utah State University may, subject to the requirements of Title 63A, Chapter 5b,
2456     Administration of State Facilities, use up to $10,000,000 in institutional funds to plan, design,
2457     and construct the Fine Arts Complex Addition/Renovation with up to 17,000 square feet;
2458          (b) the university may not use state funds for any portion of this project; and
2459          (c) the university may use state funds for operation and maintenance costs or capital
2460     improvements.
2461          (3) The Legislature intends that:
2462          (a) Salt Lake Community College may, subject to the requirements of Title 63A,
2463     Chapter 5b, Administration of State Facilities, use up to $3,900,000 in institutional funds to
2464     plan, design, and construct a Strength and Conditioning Center with up to 11,575 square feet;
2465          (b) the college may not use state funds for any portion of this project; and
2466          (c) the college may not request state funds for operation and maintenance costs or
2467     capital improvements.
2468          (4) The Legislature intends that:
2469          (a) the Governor's Office of Economic [Development] Opportunity may, subject to the
2470     requirements of Title 63A, Chapter 5b, Administration of State Facilities, use up to $1,800,000
2471     in nonlapsing balances and donations to plan, design, and construct or lease a Southern Utah
2472     Welcome Center with up to 5,000 square feet;
2473          (b) the office may request additional state funds for the project, unless the office
2474     receives donations and begins design or construction of the project; and

2475          (c) the office may use state funds for operation and maintenance costs or capital
2476     improvements.
2477          Section 51. Section 63C-17-103 is amended to read:
2478          63C-17-103. Creation of Point of the Mountain Development Commission --
2479     Members.
2480          (1) There is created the Point of the Mountain Development Commission consisting of
2481     the following 15 members:
2482          (a) two members shall be members of the Senate appointed by the president of the
2483     Senate;
2484          (b) two members shall be members of the House of Representatives appointed by the
2485     speaker of the House of Representatives;
2486          (c) one member shall be the mayor of Lehi City, Utah, or the mayor's designee;
2487          (d) one member shall be the mayor of Draper City, Utah, or the mayor's designee;
2488          (e) one member shall be the mayor of Salt Lake County, or the mayor's designee;
2489          (f) one member shall be an appointee of the Utah County Commission;
2490          (g) two members shall be mayors of communities in or close to the project area who
2491     shall be appointed by the Utah League of Cities and Towns;
2492          (h) one member shall be an appointee of the Economic Development Corporation of
2493     Utah;
2494          (i) one member, who is a member of the Board of the Governor's Office of Economic
2495     [Development] Opportunity, shall be appointed by the governor;
2496          (j) one member, who is an employee of the Governor's Office of Economic
2497     [Development] Opportunity, shall be an appointee of the governor;
2498          (k) one member shall be a member of the public, representing the school boards in or
2499     close to the project area, jointly appointed by the president of the Senate and the speaker of the
2500     House of Representatives; and
2501          (l) one member shall be a member of the public, representing the information
2502     technology sector with a physical presence within the project area, jointly appointed by the
2503     president of the Senate and the speaker of the House of Representatives.
2504          (2) (a) The president of the Senate and the speaker of the House of Representatives
2505     shall jointly designate a member of the Legislature appointed under Subsection (1)(a) or (b) as

2506     a cochair of the commission.
2507          (b) The governor shall designate a representative from the Governor's Office of
2508     Economic [Development] Opportunity appointed under Subsection (1)(i) or (j) as a cochair of
2509     the commission.
2510          (3) Any vacancy shall be filled in the same manner under this section as the
2511     appointment of the member whose vacancy is being filled.
2512          (4) Each member of the commission shall serve until a successor is appointed and
2513     qualified.
2514          (5) A majority of members constitutes a quorum. The action of a majority of a quorum
2515     constitutes the action of the commission.
2516          Section 52. Section 63C-17-105 is amended to read:
2517          63C-17-105. Commission staff and expenses.
2518          The Office of Legislative Research and General Counsel, in coordination with the
2519     Governor's Office of Economic [Development] Opportunity, shall provide staff support for the
2520     commission.
2521          Section 53. Section 63G-21-102 is amended to read:
2522          63G-21-102. Definitions.
2523          As used in this chapter:
2524          (1) "Designated agency" means:
2525          (a) the Governor's Office of Economic [Development] Opportunity;
2526          (b) the Division of Wildlife Resources;
2527          (c) the Department of Public Safety;
2528          (d) the Department of Technology Services; or
2529          (e) the Department of Workforce Services.
2530          (2) (a) "State service" means a service or benefit regularly provided to the public by a
2531     designated agency.
2532          (b) "State service" includes:
2533          (i) for the Governor's Office of Economic [Development] Opportunity or the
2534     Department of Technology Services, public high-speed Internet access;
2535          (ii) for the Division of Wildlife Resources, fishing, hunting, and trapping licenses;
2536          (iii) for the Department of Public Safety, fingerprinting, an online driver license

2537     renewal, online appointment scheduling, an online motor vehicle record request, and an online
2538     change of address with the Driver License Division; and
2539          (iv) for the Department of Workforce Services, online job searches, verification of
2540     submission for benefits administered by the Department of Workforce Services, online
2541     unemployment applications, online food stamp applications, and online appointment
2542     scheduling.
2543          (3) "USPS" means the United States Postal Service.
2544          Section 54. Section 63G-21-201 is amended to read:
2545          63G-21-201. Limited authorization to provide state services at post office
2546     locations.
2547          (1) If allowed by federal law, a designated agency may negotiate and enter into an
2548     agreement with USPS that allows USPS to provide one or more state services at one or more
2549     post office locations within the state.
2550          (2) The designated agency shall ensure that the agreement described in Subsection (1)
2551     includes:
2552          (a) the term of the agreement, which may not extend beyond July 1, 2025;
2553          (b) provisions to ensure the security of state data and resources;
2554          (c) provisions to provide training to USPS employees on how to provide each state
2555     service in the agreement;
2556          (d) except as provided in Subsection (2)(e), provisions authorizing compensation to
2557     USPS for at least 100% of attributable costs of all property and services that USPS provides
2558     under the agreement; and
2559          (e) if the agreement is between USPS and the Division of Wildlife Resources to sell
2560     fishing, hunting, or trapping licenses, provisions requiring compliance with Section 23-19-15
2561     regarding wildlife license agents, including remuneration for services rendered.
2562          (3) After one or more designated agencies enter into an agreement described in
2563     Subsection (1), the Governor's Office of Economic [Development] Opportunity shall create a
2564     marketing campaign to advertise and promote the availability of state services at each selected
2565     USPS location.
2566          Section 55. Section 63H-1-801 is amended to read:
2567          63H-1-801. Dissolution of authority -- Restrictions -- Filing copy of ordinance --

2568     Authority records -- Dissolution expenses.
2569          (1) The authority may not be dissolved unless the authority has no outstanding bonded
2570     indebtedness, other unpaid loans, indebtedness, or advances, and no legally binding contractual
2571     obligations with persons or entities other than the state.
2572          (2) Upon the dissolution of the authority:
2573          (a) the Governor's Office of Economic [Development] Opportunity shall publish a
2574     notice of dissolution:
2575          (i) in a newspaper of general circulation in the county in which the dissolved authority
2576     is located; and
2577          (ii) as required in Section 45-1-101; and
2578          (b) all title to property owned by the authority vests in the state.
2579          (3) The books, documents, records, papers, and seal of each dissolved authority shall
2580     be deposited for safekeeping and reference with the state auditor.
2581          (4) The authority shall pay all expenses of the deactivation and dissolution.
2582          Section 56. Section 63H-2-204 is amended to read:
2583          63H-2-204. Dissolution of authority.
2584          (1) Subject to the other provisions of this section, the board may dissolve the authority:
2585          (a) if the board determines that the authority can no longer comply with the
2586     requirements of this chapter; and
2587          (b) by a vote of at least five members of the board.
2588          (2) The authority may not be dissolved if the authority has any of the following:
2589          (a) an outstanding bonded indebtedness;
2590          (b) an unpaid loan, indebtedness, or advance; or
2591          (c) a legally binding contractual obligation with a person other than the state.
2592          (3) Upon the dissolution of the authority:
2593          (a) the Governor's Office of Economic [Development] Opportunity shall publish a
2594     notice of dissolution:
2595          (i) in a newspaper of general circulation in each county in which a qualifying energy
2596     delivery project is located; and
2597          (ii) electronically, in accordance with Section 45-1-101;
2598          (b) the authority shall deposit its records with the state auditor, to be retained for the

2599     time period determined by the state auditor; and
2600          (c) the assets of the authority shall revert to the state.
2601          (4) The authority shall pay the expenses of dissolution and winding up the affairs of the
2602     authority.
2603          (5) If a dissolution under this section is part of a privatization of the authority, the
2604     dissolution is subject to Title 63E, Chapter 1, Part 4, Privatization of Independent Entities.
2605          Section 57. Section 63I-1-235 is amended to read:
2606          63I-1-235. Repeal dates, Title 35A.
2607          [(1) Subsection 35A-1-109(4)(c), related to the Talent Ready Utah Board, is repealed
2608     January 1, 2023.]
2609          [(2)] (1) Subsection 35A-1-202(2)(d), related to the Child Care Advisory Committee, is
2610     repealed July 1, 2021.
2611          [(3)] (2) Section 35A-3-205, which creates the Child Care Advisory Committee, is
2612     repealed July 1, 2021.
2613          [(4)] (3) Subsection 35A-4-312(5)(p), describing information that may be disclosed to
2614     the federal Wage and Hour Division, is repealed July 1, 2022.
2615          [(5)] (4) Subsection 35A-4-502(5), which creates the Employment Advisory Council,
2616     is repealed July 1, 2022.
2617          [(6)] (5) Title 35A, Chapter 8, Part 22, Commission on Housing Affordability, is
2618     repealed July 1, 2023.
2619          [(7)] (6) Section 35A-9-501 is repealed January 1, 2023.
2620          [(8)] (7) Title 35A, Chapter 11, Women in the Economy Commission Act, is repealed
2621     January 1, 2025.
2622          [(9)] (8) Sections 35A-13-301 and 35A-13-302, which create the Governor's
2623     Committee on Employment of People with Disabilities, are repealed July 1, 2023.
2624          [(10)] (9) Section 35A-13-303, which creates the State Rehabilitation Advisory
2625     Council, is repealed July 1, 2024.
2626          [(11)] (10) Section 35A-13-404, which creates the advisory council for the Division of
2627     Services for the Blind and Visually Impaired, is repealed July 1, 2025.
2628          [(12)] (11) Sections 35A-13-603 and 35A-13-604, which create the Interpreter
2629     Certification Board, are repealed July 1, 2026.

2630          Section 58. Section 63I-1-263 is amended to read:
2631          63I-1-263. Repeal dates, Titles 63A to 63N.
2632          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
2633          (a) Subsection 63A-1-201(1) is repealed;
2634          (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
2635     is repealed;
2636          (c) Section 63A-1-203 is repealed;
2637          (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
2638     and" is repealed; and
2639          (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
2640     Subsection 63A-1-203(3)(c)" is repealed.
2641          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
2642     improvement funding, is repealed July 1, 2024.
2643          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
2644     2023.
2645          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
2646     Committee, are repealed July 1, 2023.
2647          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
2648     1, 2028.
2649          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2650     2025.
2651          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
2652     2024.
2653          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
2654     repealed July 1, 2021.
2655          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
2656     July 1, 2023.
2657          (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
2658          (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
2659     2025.
2660          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities

2661     Advisory Board, is repealed July 1, 2026.
2662          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2663     2025.
2664          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2665     2024.
2666          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
2667          (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
2668     July 1, 2026.
2669          (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
2670     Restricted Account, is repealed July 1, 2022.
2671          (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
2672     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
2673     necessary changes to subsection numbering and cross references.
2674          (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
2675     Commission, is repealed July 1, 2023.
2676          (19) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
2677     July 1, 2022.
2678          (20) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
2679     repealed January 1, 2025.
2680          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
2681     repealed July 1, 2027.
2682          (22) Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
2683     Committee, is repealed on July 1, 2021.
2684          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
2685     January 1, 2023:
2686          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
2687     repealed;
2688          (b) Section 63M-7-305, the language that states "council" is replaced with
2689     "commission";
2690          (c) Subsection 63M-7-305(1) is repealed and replaced with:
2691          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and

2692          (d) Subsection 63M-7-305(2) is repealed and replaced with:
2693          "(2) The commission shall:
2694          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
2695     Drug-Related Offenses Reform Act; and
2696          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
2697     Subsections 77-18-1(5)(b)(iii) and (iv).".
2698          (24) The Crime Victim Reparations and Assistance Board, created in Section
2699     63M-7-504, is repealed July 1, 2027.
2700          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
2701     1, 2022.
2702          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
2703          [(27) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
2704     January 1, 2023.]
2705          [(28)] (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development
2706     Coordinating Council, is repealed July 1, 2024.
2707          [(29)] (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
2708          [(30)] (29) Section 63N-2-512 is repealed July 1, 2021.
2709          [(31)] (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
2710     January 1, 2021.
2711          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
2712     calendar years beginning on or after January 1, 2021.
2713          (c) Notwithstanding Subsection [(31)] (30)(b), an entity may carry forward a tax credit
2714     in accordance with Section 59-9-107 if:
2715          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
2716     31, 2020; and
2717          (ii) the qualified equity investment that is the basis of the tax credit is certified under
2718     Section 63N-2-603 on or before December 31, 2023.
2719          [(32) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.]
2720          [(33)] (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
2721     repealed July 1, 2023.
2722          [(34)] (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed

2723     July 1, 2025.
2724          [(35)] (33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
2725     Program, is repealed January 1, [2023] 2028.
2726          [(36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
2727     2023.]
2728          Section 59. Section 63I-2-263 is amended to read:
2729          63I-2-263. Repeal dates, Title 63A to Title 63N.
2730          (1) On July 1, 2020:
2731          (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
2732          (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
2733     May 8, 2018," is repealed.
2734          (2) Section 63A-3-111 is repealed June 30, 2021.
2735          (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
2736     repealed July 1, 2021.
2737          (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
2738     Commission is repealed July 1, 2023.
2739          (5) The following sections regarding the World War II Memorial Commission are
2740     repealed on July 1, 2022:
2741          (a) Section 63G-1-801;
2742          (b) Section 63G-1-802;
2743          (c) Section 63G-1-803; and
2744          (d) Section 63G-1-804.
2745          (6) Subsections 63G-6a-802(1)(d) and 63G-6a-802(3)(b)(iii), regarding a procurement
2746     relating to a vice presidential debate, are repealed January 1, 2021.
2747          (7) In relation to the State Fair Park Committee, on January 1, 2021:
2748          (a) Section 63H-6-104.5 is repealed; and
2749          (b) Subsections 63H-6-104(8) and (9) are repealed.
2750          (8) Section 63H-7a-303 is repealed July 1, 2024.
2751          (9) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
2752          (10) In relation to the Employability to Careers Program Board, on July 1, 2022:
2753          (a) Subsection 63J-1-602.1(57) is repealed;

2754          (b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
2755     and
2756          (c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.
2757          (11) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot Program
2758     Act, is repealed January 1, 2022.
2759          (12) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
2760          (13) Subsection [63N-12-508(3)] 63N-1b-307(3), which allows the Governor's Office
2761     of Economic Opportunity to respond to the COVID-19 pandemic by directing financial grants
2762     to institutions of higher education, is repealed December 31, 2021.
2763          (14) Title 63N, Chapter 13, Part 3, Facilitating Public-Private Partnerships Act, is
2764     repealed January 1, 2024.
2765          (15) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is repealed
2766     December 31, 2021.
2767          Section 60. Section 63J-1-602.1 is amended to read:
2768          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
2769          Appropriations made from the following accounts or funds are nonlapsing:
2770          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
2771     and Leadership Restricted Account created in Section 4-42-102.
2772          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
2773          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
2774     Section 9-18-102.
2775          (4) The National Professional Men's Soccer Team Support of Building Communities
2776     Restricted Account created in Section 9-19-102.
2777          (5) Funds collected for directing and administering the C-PACE district created in
2778     Section 11-42a-106.
2779          (6) Money received by the Utah Inland Port Authority, as provided in Section
2780     11-58-105.
2781          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
2782          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
2783          (9) The "Support for State-Owned Shooting Ranges Restricted Account" created in
2784     Section 23-14-13.5.

2785          (10) Award money under the State Asset Forfeiture Grant Program, as provided under
2786     Section 24-4-117.
2787          (11) Funds collected from the program fund for local health department expenses
2788     incurred in responding to a local health emergency under Section 26-1-38.
2789          (12) The Children with Cancer Support Restricted Account created in Section
2790     26-21a-304.
2791          (13) State funds for matching federal funds in the Children's Health Insurance Program
2792     as provided in Section 26-40-108.
2793          (14) The Children with Heart Disease Support Restricted Account created in Section
2794     26-58-102.
2795          (15) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
2796          (16) The Technology Development Restricted Account created in Section 31A-3-104.
2797          (17) The Criminal Background Check Restricted Account created in Section
2798     31A-3-105.
2799          (18) The Captive Insurance Restricted Account created in Section 31A-3-304, except
2800     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
2801          (19) The Title Licensee Enforcement Restricted Account created in Section
2802     31A-23a-415.
2803          (20) The Health Insurance Actuarial Review Restricted Account created in Section
2804     31A-30-115.
2805          (21) The Insurance Fraud Investigation Restricted Account created in Section
2806     31A-31-108.
2807          (22) The Underage Drinking Prevention Media and Education Campaign Restricted
2808     Account created in Section 32B-2-306.
2809          (23) The School Readiness Restricted Account created in Section 35A-15-203.
2810          (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
2811     products or services, as provided in Section 35A-13-202.
2812          (25) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
2813          (26) The Oil and Gas Conservation Account created in Section 40-6-14.5.
2814          (27) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
2815     the Motor Vehicle Division.

2816          (28) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
2817     created by Section 41-3-110 to the State Tax Commission.
2818          (29) The Utah Law Enforcement Memorial Support Restricted Account created in
2819     Section 53-1-120.
2820          (30) The State Disaster Recovery Restricted Account to the Division of Emergency
2821     Management, as provided in Section 53-2a-603.
2822          (31) The Department of Public Safety Restricted Account to the Department of Public
2823     Safety, as provided in Section 53-3-106.
2824          (32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
2825     53-8-303.
2826          (33) The DNA Specimen Restricted Account created in Section 53-10-407.
2827          (34) The Canine Body Armor Restricted Account created in Section 53-16-201.
2828          (35) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
2829          (36) The Higher Education Capital Projects Fund created in Section 53B-22-202.
2830          (37) A certain portion of money collected for administrative costs under the School
2831     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
2832          (38) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
2833     subject to Subsection 54-5-1.5(4)(d).
2834          (39) Funds collected from a surcharge fee to provide certain licensees with access to an
2835     electronic reference library, as provided in Section 58-3a-105.
2836          (40) Certain fines collected by the Division of Occupational and Professional Licensing
2837     for violation of unlawful or unprofessional conduct that are used for education and enforcement
2838     purposes, as provided in Section 58-17b-505.
2839          (41) Funds collected from a surcharge fee to provide certain licensees with access to an
2840     electronic reference library, as provided in Section 58-22-104.
2841          (42) Funds collected from a surcharge fee to provide certain licensees with access to an
2842     electronic reference library, as provided in Section 58-55-106.
2843          (43) Funds collected from a surcharge fee to provide certain licensees with access to an
2844     electronic reference library, as provided in Section 58-56-3.5.
2845          (44) Certain fines collected by the Division of Occupational and Professional Licensing
2846     for use in education and enforcement of the Security Personnel Licensing Act, as provided in

2847     Section 58-63-103.
2848          (45) The Relative Value Study Restricted Account created in Section 59-9-105.
2849          (46) The Cigarette Tax Restricted Account created in Section 59-14-204.
2850          (47) Funds paid to the Division of Real Estate for the cost of a criminal background
2851     check for a mortgage loan license, as provided in Section 61-2c-202.
2852          (48) Funds paid to the Division of Real Estate for the cost of a criminal background
2853     check for principal broker, associate broker, and sales agent licenses, as provided in Section
2854     61-2f-204.
2855          (49) Certain funds donated to the Department of Human Services, as provided in
2856     Section 62A-1-111.
2857          (50) The National Professional Men's Basketball Team Support of Women and
2858     Children Issues Restricted Account created in Section 62A-1-202.
2859          (51) Certain funds donated to the Division of Child and Family Services, as provided
2860     in Section 62A-4a-110.
2861          (52) The Choose Life Adoption Support Restricted Account created in Section
2862     62A-4a-608.
2863          (53) Funds collected by the Office of Administrative Rules for publishing, as provided
2864     in Section 63G-3-402.
2865          (54) The Immigration Act Restricted Account created in Section 63G-12-103.
2866          (55) Money received by the military installation development authority, as provided in
2867     Section 63H-1-504.
2868          (56) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
2869          (57) The Unified Statewide 911 Emergency Service Account created in Section
2870     63H-7a-304.
2871          (58) The Utah Statewide Radio System Restricted Account created in Section
2872     63H-7a-403.
2873          (59) The Employability to Careers Program Restricted Account created in Section
2874     63J-4-703.
2875          (60) The Motion Picture Incentive Account created in Section 63N-8-103.
2876          (61) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
2877     as provided under Section 63N-10-301.

2878          (62) Funds collected by the housing of state probationary inmates or state parole
2879     inmates, as provided in Subsection 64-13e-104(2).
2880          (63) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
2881     and State Lands, as provided in Section 65A-8-103.
2882          (64) The Transportation of Veterans to Memorials Support Restricted Account created
2883     in Section 71-14-102.
2884          (65) The Amusement Ride Safety Restricted Account, as provided in Section
2885     72-16-204.
2886          (66) Certain funds received by the Office of the State Engineer for well drilling fines or
2887     bonds, as provided in Section 73-3-25.
2888          (67) The Water Resources Conservation and Development Fund, as provided in
2889     Section 73-23-2.
2890          (68) Funds donated or paid to a juvenile court by private sources, as provided in
2891     Subsection 78A-6-203(1)(c).
2892          (69) Fees for certificate of admission created under Section 78A-9-102.
2893          (70) Funds collected for adoption document access as provided in Sections 78B-6-141,
2894     78B-6-144, and 78B-6-144.5.
2895          (71) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
2896     Utah Indigent Defense Commission.
2897          (72) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
2898     Park, Jordan River State Park, and Green River State Park, as provided under Section
2899     79-4-403.
2900          (73) Certain funds received by the Division of Parks and Recreation from the sale or
2901     disposal of buffalo, as provided under Section 79-4-1001.
2902          (74) The Drinking While Pregnant Prevention Media and Education Campaign
2903     Restricted Account created in Section 32B-2-308.
2904          Section 61. Section 63J-4-301 is amended to read:
2905          63J-4-301. Duties of the executive director and office.
2906          (1) The executive director and the office shall:
2907          (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
2908     Procedures Act;

2909          (b) under the direct supervision of the governor, assist the governor in the preparation
2910     of the governor's budget recommendations;
2911          (c) review agency budget execution plans as specified in Section 63J-1-209;
2912          (d) establish benchmarking practices for measuring operational costs, quality of
2913     service, and effectiveness across all state agencies and programs;
2914          (e) assist agencies with the development of an operational plan that uses continuous
2915     improvement tools and operational metrics to increase statewide capacity and improve
2916     interagency integration;
2917          (f) review and assess agency budget requests and expenditures using a clear set of goals
2918     and measures;
2919          (g) develop and maintain enterprise portfolio and electronic information systems to
2920     select and oversee the execution of projects, ensure a return on investment, and trace and report
2921     performance metrics;
2922          (h) coordinate with the executive directors of the Department of Workforce Services
2923     and the Governor's Office of Economic [Development] Opportunity to review data and metrics
2924     to be reported to the Legislature as described in Subsection 63J-4-708(2)(d); and
2925          (i) perform other duties and responsibilities as assigned by the governor.
2926          (2) (a) The executive director of the Governor's Office of Management and Budget or
2927     the executive director's designee is the Federal Assistance Management Officer.
2928          (b) In acting as the Federal Assistance Management Officer, the executive director or
2929     designee shall:
2930          (i) study the administration and effect of federal assistance programs in the state and
2931     advise the governor and the Legislature, through the Office of Legislative Fiscal Analyst and
2932     the Executive Appropriations Committee, of alternative recommended methods and procedures
2933     for the administration of these programs;
2934          (ii) assist in the coordination of federal assistance programs that involve or are
2935     administered by more than one state agency; and
2936          (iii) analyze and advise on applications for new federal assistance programs submitted
2937     to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
2938          Section 62. Section 63J-4-708 is amended to read:
2939          63J-4-708. Reporting.

2940          (1) On or before October 1, the board shall provide an annual written report to the
2941     Social Services Appropriations Subcommittee, the Economic Development and Workforce
2942     Services Interim Committee, and the [Talent Ready Utah Board created in Section
2943     63N-12-503] Talent, Education, and Industry Alignment Subcommittee created in Section
2944     63N-1b-301.
2945          (2) The written report shall include:
2946          (a) information regarding the fiscal intermediary, the programmatic intermediary, the
2947     eligible program provider, and the independent evaluator that have been selected;
2948          (b) the results of the feasibility analysis conducted in accordance with Section
2949     63J-4-706;
2950          (c) information regarding how many eligible participants have been served by the
2951     education, employability training, and workforce placement program;
2952          (d) data and metrics:
2953          (i) used to measure the progress, performance, effectiveness, and scope of the
2954     Employability to Careers Program, including summary data; and
2955          (ii) that are consistent and comparable for each state operation, activity, program, or
2956     service that primarily involves employment training or placement as determined by the
2957     executive directors of the office, the Department of Workforce Services, and the Governor's
2958     Office of Economic [Development] Opportunity;
2959          (e) a description of program expenses, including what payments have been made to the
2960     intermediary and the cost to the state for each successful eligible participant outcome; and
2961          (f) recommendations to the Legislature on any potential improvements to the
2962     Employability to Careers Program, including whether the program should continue to receive
2963     funding from the state.
2964          Section 63. Section 63L-2-301 is amended to read:
2965          63L-2-301. Promoting or lobbying for a federal designation within the state.
2966          (1) As used in this section:
2967          (a) "Federal designation" means the designation of a:
2968          (i) national monument;
2969          (ii) national conservation area;
2970          (iii) wilderness area or wilderness study area;

2971          (iv) area of critical environmental concern;
2972          (v) research natural area; or
2973          (vi) national recreation area.
2974          (b) (i) "Governmental entity" means:
2975          (A) a state-funded institution of higher education or public education;
2976          (B) a political subdivision of the state;
2977          (C) an office, agency, board, bureau, committee, department, advisory board, or
2978     commission that the government funds or establishes to carry out the public's business,
2979     regardless of whether the office, agency board, bureau, committee, department, advisory board,
2980     or commission is composed entirely of public officials or employees;
2981          (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
2982     undertaking as defined in Section 11-13-103;
2983          (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
2984          (F) an association as defined in Section 53G-7-1101.
2985          (ii) "Governmental entity" does not mean:
2986          (A) the School and Institutional Trust Lands Administration created in Section
2987     53C-1-201;
2988          (B) the School and Institutional Trust Lands Board of Trustees created in Section
2989     53C-1-202;
2990          (C) the Office of the Governor;
2991          (D) the Governor's Office of Management and Budget created in Section 63J-4-201;
2992          (E) the Public Lands Policy Coordinating Office created in Section 63J-4-602;
2993          (F) the Office of Energy Development created in Section 63M-4-401; or
2994          (G) the Governor's Office of Economic [Development] Opportunity created in Section
2995     [63N-1-201] 63N-1a-301, including the [Office of Tourism and the Utah Office of Outdoor
2996     Recreation created in Section 63N-9-104] Talent, Education, and Industry Alignment
2997     Subcommittee created in Section 63N-1b-301.
2998          (2) (a) A governmental entity, or a person a governmental entity employs and
2999     designates as a representative, may investigate the possibility of a federal designation within
3000     the state.
3001          (b) A governmental entity that intends to advocate for a federal designation within the

3002     state shall:
3003          (i) notify the chairs of the following committees before the introduction of federal
3004     legislation:
3005          (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
3006     constituted, and the Federalism Commission; or
3007          (B) if the notice is given during a General Session, the House and Senate Natural
3008     Resources, Agriculture, and Environment Standing Committees; and
3009          (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
3010          (3) This section does not apply to a political subdivision supporting a federal
3011     designation if the federal designation:
3012          (a) applies to 5,000 acres or less; and
3013          (b) has an economical or historical benefit to the political subdivision.
3014          Section 64. Section 63M-5-306 is amended to read:
3015          63M-5-306. Financial impact statement -- Alleviation plan -- Filing required --
3016     Contents -- Payments credited against tax -- Provisions neither exclusive nor mandatory.
3017          (1) (a) A developer desiring to prepay ad valorem property taxes under Section
3018     63M-5-201 shall first prepare and file with the Governor's Office of Economic [Development]
3019     Opportunity and all units of local government likely to be affected with a significant financial
3020     impact due to a natural resource or industrial facility a financial impact statement together with
3021     a plan for alleviating these impacts.
3022          (b) The impact statement and the alleviation plan shall be prepared in cooperation with
3023     and after consultation with the Governor's Office of Economic [Development] Opportunity and
3024     the affected units of local government.
3025          (c) The financial impact statement shall assess the projected financial impact on state
3026     agencies and units of local government, including the impact on transportation systems,
3027     culinary water systems, waste treatment facilities, public safety, schools, public health,
3028     housing, planning and zoning, and general government administration.
3029          (d) The alleviation plan shall set out proposals for alleviating the impact and may
3030     include payments to local units of government or direct expenditures by the developer to
3031     alleviate the impact.
3032          (e) The impact statement and the alleviation plan may be amended by the developer in

3033     cooperation with and after consultation with the Governor's Office of Economic
3034     [Development] Opportunity and those units of local government affected by the amendment.
3035          (2) At least 90 days prior to commencement of construction of an industrial facility or
3036     natural resources facility by a major developer, an impact statement and alleviation plan as
3037     described in Subsection (1) shall be filed by the major developer whether or not the major
3038     developer desires to prepay ad valorem property taxes.
3039          (3) (a) Upon the filing of the financial impact statement and alleviation plan, a
3040     developer may apply to the governing body of the affected unit of local government for
3041     authorization to prepay a portion of the anticipated ad valorem property taxes to be expended
3042     consistent with the alleviation plan.
3043          (b) This authorization may provide that only a portion of the amounts so prepaid can be
3044     applied against the ad valorem property taxes due in any given year.
3045          (c) In addition to payments directly to the affected unit of local government, an affected
3046     unit of local government may authorize a tax credit on anticipated ad valorem property taxes
3047     for expenditures made by the developer to other persons so long as the expenditure is
3048     consistent with the alleviation plan.
3049          (4) (a) This chapter is designed to provide an additional mechanism for the alleviation
3050     of impacts on units of local government and is not intended to discourage the use of other
3051     mechanisms as may be available.
3052          (b) Nothing in this chapter requires a developer to prepay ad valorem property taxes or
3053     to make any other expenditure not otherwise required by law.
3054          Section 65. Section 63M-6-201 is amended to read:
3055          63M-6-201. Acquisition of easements -- Restrictions -- Resale.
3056          (1) (a) The Governor's Office of Economic [Development] Opportunity shall acquire,
3057     by purchase or condemnation, easements for the establishment, maintenance, and operation of
3058     a restrictive use area for the operation of aircraft to and from Hill Air Force Base because:
3059          (i) Hill Air Force Base is a military installation of vital importance to security of the
3060     United States of America and to the economic well-being of the citizens of Utah;
3061          (ii) there are certain portions of land around the entire base that are being developed for
3062     residential and other uses that are incompatible with current and future operations of the base
3063     because of noise, health, safety, and accident reasons; and

3064          (iii) it is the purpose of this chapter for the state to acquire those easements restricting
3065     the use of those lands and the air space above them in order to assure the continued operation
3066     of Hill Air Force Base as an active military base and to protect the health, safety, and economic
3067     well-being of the citizens of Utah.
3068          (b) The Governor's Office of Economic [Development] Opportunity may delegate its
3069     power to purchase or condemn easements under this subsection to other state agencies if the
3070     department ensures that those agencies comply with the procedures and requirements of this
3071     chapter.
3072          (2) (a) The Governor's Office of Economic [Development] Opportunity shall ensure
3073     that the easements restrict the land from those uses identified in the Hill Air Force Base
3074     AICUZ Land Use Compatibility Guidelines Study, as amended, dated October, 1982, as not
3075     being acceptable.
3076          (b) The Governor's Office of Economic [Development] Opportunity may allow certain
3077     other uses not prohibited by those guidelines if those uses are consistent with the purpose of
3078     this chapter.
3079          (c) Nothing in this chapter may be construed to authorize the Governor's Office of
3080     Economic [Development] Opportunity or any other state agency to:
3081          (i) acquire any ownership interest in real property other than an easement restricting the
3082     land from future uses inconsistent with the Hill Air Force Base AICUZ Land Use
3083     Compatibility Guidelines Study, as amended, dated October 1982;
3084          (ii) purchase businesses; or
3085          (iii) require people to relocate or move from their property.
3086          (d) To calculate the purchase price for the easements, the Governor's Office of
3087     Economic [Development] Opportunity shall subtract the market value of the real property and
3088     its improvements after the acquisition of the easements from the market value of the real
3089     property and its improvements before the acquisition of the easements.
3090          (e) When the Hill Air Force Base runways have not been used for seven years to
3091     accommodate the arrival and departure of airplanes, the Governor's Office of Economic
3092     [Development] Opportunity shall:
3093          (i) notify by certified mail each current owner of the property to which each easement
3094     is attached;

3095          (ii) inform that owner that the owner may purchase the easement from the state for the
3096     same price that the state paid for it originally or for the market value of the easement at the
3097     time of the buyback, whichever is smaller; and
3098          (iii) sell the easement to the owner of the property to which the easement is attached if
3099     the owner tenders the purchase price.
3100          (f) In addition to purchasing the easements required by this chapter, the Governor's
3101     Office of Economic [Development] Opportunity may provide reasonable relocation expenses to
3102     all churches, businesses, and schools that, as of March 1, 1994, were located either within the
3103     north Hill Air Force Base accident potential zone (APZ) identified in Subsection
3104     63M-6-202(1)(a) or within the south Hill Air Force Base accident potential zone (APZ)
3105     identified in Subsection 63M-6-202(1)(b) if those churches, businesses, and schools can
3106     reasonably demonstrate that expansion of the use would have been permitted before acquisition
3107     of the easements but is now prohibited because of the easement.
3108          (3) (a) The Governor's Office of Economic [Development] Opportunity may take
3109     action to enforce the provisions of this chapter.
3110          (b) The attorney general shall represent the Governor's Office of Economic
3111     [Development] Opportunity in that action.
3112          Section 66. Section 63M-6-202 is amended to read:
3113          63M-6-202. Location of easements.
3114          (1) The Governor's Office of Economic [Development] Opportunity or its designees
3115     may acquire easements on the land within the following boundaries:
3116          (a) beginning on the north Hill Air Force Base accident potential zone (APZ) at a point
3117     which is North 1,089,743.170 meters and East 459,346.946 meters based on the North zone,
3118     State of Utah, NAD 83 coordinates and runs north to North 63 degrees 10 minutes 44 seconds,
3119     East 457.109 meters, North 26 degrees 49 minutes 16 seconds, West 3,352.129 meters, South
3120     63 degrees 10 minutes 44 seconds, West 914.217 meters, South 26 degrees 49 minutes 16
3121     seconds, East 3,352.129 meters, North 63 degrees 10 minutes 44 seconds, East 457.109 meters
3122     back to the point of beginning; and
3123          (b) beginning on the south Hill Air Force Base APZ which is North 1,086,065.786
3124     meters and East 461,206.222 meters based on the North zone, State of Utah, NAD 83
3125     coordinates and runs South 63 degrees 10 minutes 44 seconds, West 457.109 meters, South 26

3126     degrees 49 minutes 16 seconds, East 502.179 meters, South 0 degrees 20 minutes 35 seconds,
3127     West 1,722.227 meters, South 89 degrees 39 minutes 25 seconds, East 883.743 meters, North
3128     63 degrees 10 minutes 44 seconds, East 914.217 meters, North 26 degrees 49 minutes 16
3129     seconds, West 2,437.912 meters, South 63 degrees 10 minutes 44 seconds, West 457.109
3130     meters back to the point of beginning.
3131          (2) The Governor's Office of Economic [Development] Opportunity or its designees
3132     may acquire easements on the following land that is located inside the 75 and 80 level
3133     day-night (LDN) noise contour as identified in the Hill Air Force Base AICUZ Land Use
3134     Compatibility Guidelines Study, as amended, dated October, 1982:
3135          (a) in the west half of Section 3, T4NR1W;
3136          (b) in the east half of Section 4, T4NR1W;
3137          (c) in the northeast quarter of Section 8, T4NR1W;
3138          (d) within all of Section 9, T4NR1W;
3139          (e) in the northwest quarter of Section 10, T4NR1W;
3140          (f) within the southwest quarter of Section 19, T5NR1W;
3141          (g) in the south half of Section 20, T5NR1W;
3142          (h) within the southwest quarter of Section 28, T5NR1W; and
3143          (i) within Section 29, T5NR1W.
3144          Section 67. Section 63M-6-203 is amended to read:
3145          63M-6-203. Certain improvements, alterations, and expansions prohibited.
3146          (1) A person or entity may not begin to develop, or authorize development, on any land
3147     identified in this chapter until the Governor's Office of Economic [Development] Opportunity
3148     has affirmatively authorized the development of the land because the development is consistent
3149     with those uses identified in the Hill Air Force Base AICUZ Land Use Compatibility
3150     Guidelines Study, as amended, dated October 1982.
3151          (2) Nothing in this chapter prohibits any property owner from improving, altering, or
3152     expanding any existing residential or commercial use of the property owner's property so long
3153     as the improvement, alteration, or expansion does not materially increase the human density of
3154     that present use.
3155          Section 68. Section 63M-11-201 is amended to read:
3156          63M-11-201. Composition -- Appointments -- Terms -- Removal.

3157          (1) The commission shall be composed of 20 voting members as follows:
3158          (a) the executive director of the Department of Health;
3159          (b) the executive director of the Department of Human Services;
3160          (c) the executive director of the Governor's Office of Economic [Development]
3161     Opportunity;
3162          (d) the executive director of the Department of Workforce Services; and
3163          (e) 16 voting members, appointed by the governor, representing each of the following:
3164          (i) the Utah Association of Area Agencies on Aging;
3165          (ii) higher education in Utah;
3166          (iii) the business community;
3167          (iv) the Utah Association of Counties;
3168          (v) the Utah League of Cities and Towns;
3169          (vi) charitable organizations;
3170          (vii) the health care provider industry;
3171          (viii) financial institutions;
3172          (ix) the legal profession;
3173          (x) the public safety sector;
3174          (xi) public transportation;
3175          (xii) ethnic minorities;
3176          (xiii) the industry that provides long-term care for the elderly;
3177          (xiv) organizations or associations that advocate for the aging population;
3178          (xv) the Alzheimer's Association; and
3179          (xvi) the general public.
3180          (2) (a) A member appointed under Subsection (1)(e) shall serve a two-year term.
3181          (b) Notwithstanding the term requirements of Subsection (2)(a), the governor may
3182     adjust the length of the initial commission members' terms to ensure that the terms are
3183     staggered so that approximately 1/2 of the members appointed under Subsection (1)(e) are
3184     appointed each year.
3185          (c) When, for any reason, a vacancy occurs in a position appointed by the governor
3186     under Subsection (1)(e), the governor shall appoint a person to fill the vacancy for the
3187     unexpired term of the commission member being replaced.

3188          (d) Members appointed under Subsection (1)(e) may be removed by the governor for
3189     cause.
3190          (e) A member appointed under Subsection (1)(e) shall be removed from the
3191     commission and replaced by the governor if the member is absent for three consecutive
3192     meetings of the commission without being excused by the chair of the commission.
3193          (3) In appointing the members under Subsection (1)(e), the governor shall:
3194          (a) take into account the geographical makeup of the commission; and
3195          (b) strive to appoint members who are knowledgeable or have an interest in issues
3196     relating to the aging population.
3197          Section 69. Section 63N-1a-101, which is renumbered from Section 63N-1-101 is
3198     renumbered and amended to read:
3199     
TITLE 63N. ECONOMIC OPPORTUNITY ACT

3200     
CHAPTER 1a. ECONOMIC OPPORTUNITY ORGANIZATION

3201     
Part 1. General Provisions

3202          [63N-1-101].      63N-1a-101. Title.
3203          (1) This title is known as the ["Governor's Office of Economic Development."]
3204     "Economic Opportunity Act."
3205          (2) This chapter is known as ["GOED General Provisions."] "Economic Opportunity
3206     Organization."
3207          Section 70. Section 63N-1a-102, which is renumbered from Section 63N-1-102 is
3208     renumbered and amended to read:
3209          [63N-1-102].      63N-1a-102. Definitions.
3210          As used in this title:
3211          (1) "Baseline jobs" means the number of full-time employee positions that existed
3212     within a business entity in the state before the date on which a project related to the business
3213     entity is approved by the office or by the GO Utah board.
3214          (2) "Baseline state revenue" means the amount of state tax revenue collected from a
3215     business entity or the employees of a business entity during the year before the date on which a
3216     project related to the business entity is approved by the office or by the GO Utah board.
3217          [(3) "Board" means the Board of Business and Economic Development created in
3218     Section 63N-1-401.]

3219          [(4) "Council" means the Governor's Economic Development Coordinating Council
3220     created in Section 63N-1-501.]
3221          (3) "Commission" means the Unified Economic Opportunity Commission created in
3222     Section 63N-1a-201.
3223          (4) "Economic opportunity agency" includes:
3224          (a) the Department of Workforce Services;
3225          (b) the Department of Heritage and Arts;
3226          (c) the Department of Commerce;
3227          (d) the Department of Natural Resources;
3228          (e) the Office of Energy Development;
3229          (f) the State Board of Education;
3230          (g) institutions of higher education;
3231          (h) the Utah Multicultural Commission;
3232          (i) the World Trade Center Utah;
3233          (j) local government entities;
3234          (k) associations of governments;
3235          (l) the Utah League of Cities and Towns;
3236          (m) the Utah Association of Counties;
3237          (n) the Economic Development Corporation of Utah;
3238          (o) the Small Business Administration;
3239          (p) chambers of commerce;
3240          (q) industry associations;
3241          (r) small business development centers; and
3242          (s) other entities identified by the commission or the executive director.
3243          (5) "Executive director" means the executive director of the office.
3244          (6) "Full-time employee" means an employment position that is filled by an employee
3245     who works at least 30 hours per week and:
3246          (a) may include an employment position filled by more than one employee, if each
3247     employee who works less than 30 hours per week is provided benefits comparable to a
3248     full-time employee; and
3249          (b) may not include an employment position that is shifted from one jurisdiction in the

3250     state to another jurisdiction in the state.
3251          (7) "GO Utah board" means the Business and Economic Development Subcommittee
3252     created in Section 63N-1b-202.
3253          [(7)] (8) "High paying job" means a newly created full-time employee position where
3254     the aggregate average annual gross wage of the employment position, not including health care
3255     or other paid or unpaid benefits, is [at least]:
3256          (a) at least 110% of the average wage of the county in which the employment position
3257     exists[.]; or
3258          (b) for an employment position related to a project described in Chapter 2, Part 1,
3259     Economic Development Tax Increment Financing, and that is located within the boundary of a
3260     county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of
3261     the second class and where the municipality has a population of 10,000 or less:
3262          (i) at least 100% of the average wage of the county in which the employment position
3263     exists; or
3264          (ii) an amount determined by rule made by the office in accordance with Title 63G,
3265     Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a
3266     county experiencing economic distress.
3267          [(8)] (9) (a) "Incremental job" means a full-time employment position in the state that:
3268          [(a)] (i) did not exist within a business entity in the state before the beginning of a
3269     project related to the business entity; and
3270          [(b)] (ii) is created in addition to the number of baseline jobs that existed within a
3271     business entity.
3272          (b) "Incremental job" includes a full-time employment position where the employee is
3273     hired:
3274          (i) directly by a business entity; or
3275          (ii) by a professional employer organization, as defined in Section 31A-40-102, on
3276     behalf of a business entity.
3277          [(9)] (10) "New state revenue" means the state revenue collected from a business entity
3278     or a business entity's employees during a calendar year minus the baseline state revenue
3279     calculation.
3280          [(10)] (11) "Office" or ["GOED"] "GO Utah office" means the Governor's Office of

3281     Economic [Development] Opportunity.
3282          [(11)] (12) "State revenue" means state tax liability paid by a business entity or a
3283     business entity's employees under any combination of the following provisions:
3284          (a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
3285          (b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
3286     Information;
3287          (c) Title 59, Chapter 10, Part 2, Trusts and Estates;
3288          (d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
3289          (e) Title 59, Chapter 12, Sales and Use Tax Act.
3290          (13) "State strategic goals" means the strategic goals listed in Section 63N-1a-103.
3291          (14) "Statewide economic development strategy" means the economic development
3292     strategy developed by the commission in accordance with Section 63N-1a-202.
3293          Section 71. Section 63N-1a-103 is enacted to read:
3294          63N-1a-103. Purpose.
3295          (1) The mission of the Economic Opportunity Act and the entities established herein is
3296     to catalyze strategic economic opportunities for all residents of the state with a vision of
3297     creating economically thriving communities, businesses, and families throughout the state.
3298          (2) The mission and vision are realized through targeted efforts that demonstrably
3299     improve quality of life, measured by the extent to which the efforts accomplish the following
3300     strategic goals:
3301          (a) catalyzing targeted industry growth;
3302          (b) supporting economically thriving communities;
3303          (c) empowering students and workers with market-relevant skills;
3304          (d) stimulating economic growth in rural and multicultural communities through
3305     household level efforts; and
3306          (e) securing healthy and resilient ecosystems for current and future generations.
3307          Section 72. Section 63N-1a-201 is enacted to read:
3308     
Part 2. Creation of Unified Economic Opportunity Commission

3309          63N-1a-201. Creation of commission.
3310          (1) There is created in the office the Unified Economic Opportunity Commission,
3311     established to carry out the mission described in Section 63N-1a-103 and direct the office and

3312     other appropriate entities in fulfilling the state's strategic goals.
3313          (2) The commission consists of:
3314          (a) the following voting members:
3315          (i) the governor, who shall serve as the chair of the commission;
3316          (ii) the executive director, who shall serve as the vice chair of the commission;
3317          (iii) the executive director of the Department of Workforce Services;
3318          (iv) the executive director of the Department of Transportation;
3319          (v) the executive director of the Department of Natural Resources;
3320          (vi) the executive director of the Department of Commerce;
3321          (vii) the commissioner of the Department of Agriculture and Food;
3322          (viii) the executive director of the Governor's Office of Management and Budget;
3323          (ix) the commissioner of higher education;
3324          (x) the state superintendent of public instruction;
3325          (xi) the president of the Senate or the president's designee;
3326          (xii) the speaker of the House of Representatives or the speaker's designee;
3327          (xiii) one individual who is knowledgeable about housing needs in the state, including
3328     housing density and land use, appointed by the governor;
3329          (xiv) one individual who represents the interests of urban cities, appointed by the Utah
3330     League of Cities and Towns; and
3331          (xv) one individual who represents the interests of rural counties, appointed by the
3332     Utah Association of Counties; and
3333          (b) the following non-voting members:
3334          (i) the chief executive officer of World Trade Center Utah;
3335          (ii) the chief executive officer of the Economic Development Corporation of Utah; and
3336          (iii) a senior advisor to the chair of the commission with expertise in rural affairs of the
3337     state, appointed by the chair of the commission.
3338          (3) A majority of commission members constitutes a quorum for the purposes of
3339     conducting commission business and the action of a majority of a quorum constitutes the action
3340     of the commission.
3341          (4) The executive director of the office, or the executive director's designee, is the
3342     executive director of the commission.

3343          (5) The office shall provide:
3344          (a) office space and administrative staff support for the commission; and
3345          (b) the central leadership and coordination of the commission's efforts in the field of
3346     economic development.
3347          (6) (a) A member may not receive compensation or benefits for the member's service
3348     on the commission, but may receive per diem and travel expenses in accordance with:
3349          (i) Sections 63A-3-106 and 63A-3-107; and
3350          (ii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
3351     63A-3-107.
3352          (b) Compensation and expenses of a commission member who is a legislator are
3353     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3354     Expenses.
3355          Section 73. Section 63N-1a-202 is enacted to read:
3356          63N-1a-202. Commission duties.
3357          (1) The commission shall:
3358          (a) develop, coordinate, and lead a comprehensive statewide economic development
3359     strategy that:
3360          (i) unifies and coordinates economic development efforts in the state;
3361          (ii) includes key performance indicators for long-term progress toward the state
3362     strategic goals;
3363          (iii) establishes reporting and accountability processes for the key performance
3364     indicators; and
3365          (iv) ensures the success of the statewide economic development strategy is shared
3366     among the urban and rural areas of the state;
3367          (b) receive feedback, input, and reports from economic opportunity agencies regarding
3368     programs related to the statewide economic development strategy;
3369          (c) develop the statewide economic strategy in view of the state water policy described
3370     in Section 73-1-21, including the state's commitment to appropriate conservation, efficient and
3371     optimal use of water resources, infrastructure development and improvement, optimal
3372     agricultural use, water quality, reasonable access to recreational activities, effective wastewater
3373     treatment, and protecting and restoring healthy ecosystems;

3374          (d) direct and facilitate changes to or recommend elimination of economic
3375     development programs to ensure alignment with the mission and vision described in Section
3376     63N-1a-103;
3377          (e) at least once every five years, identify industry clusters on which the commission
3378     recommends the state focus recruiting and expansion efforts;
3379          (f) establish strategies for the recruitment and retention of targeted industry clusters
3380     while respecting the different needs of rural and urban areas throughout the state;
3381          (g) establish strategies for supporting entrepreneurship and small business development
3382     in the state;
3383          (h) analyze the state's projected long-term population and economic growth and plan
3384     for the anticipated impacts of the projected growth in a manner that improves quality of life
3385     and is consistent with the statewide economic development strategy and state strategic goals;
3386          (i) identify gaps and potential solutions related to improving infrastructure, especially
3387     as related to the state's projected long-term population growth;
3388          (j) support the development of a prepared workforce that can support critical industries
3389     and industry clusters identified by the commission;
3390          (k) coordinate and develop strategies that assist education providers and industry to
3391     cooperate in supporting students in developing market relevant skills to meet industry needs;
3392          (l) develop strategies and plans to ensure comprehensive economic development efforts
3393     are targeted to the unique needs of rural areas of the state;
3394          (m) study the unique needs of multicultural communities throughout the state and
3395     develop household-level plans to ensure residents of the state can participate in economic
3396     opportunities in the state;
3397          (n) ensure the commission's efforts are, to the extent practicable, data-driven and
3398     evidence-based;
3399          (o) support an integrated international trade strategy for the state;
3400          (p) facilitate coordination among public, private, and nonprofit economic opportunity
3401     agencies; and
3402          (q) in performing the commission's duties, consider the recommendations of the
3403     subcommittees described in Chapter 1b, Commission Subcommittees.
3404          (2) The commission shall provide a report to the office for inclusion in the office's

3405     annual written report described in Section 63N-1a-306, that includes:
3406          (a) the statewide economic development strategy;
3407          (b) a description of how the commission fulfilled the commission's statutory purposes
3408     and duties during the year, including any relevant findings;
3409          (c) the key performance indicators included in the statewide economic development
3410     strategy, including data showing the extent to which the indicators are being met; and
3411          (d) any legislative recommendations.
3412          Section 74. Section 63N-1a-301, which is renumbered from Section 63N-1-201 is
3413     renumbered and amended to read:
3414     
Part 3. Creation of Governor's Office of Economic Opportunity

3415          [63N-1-201].      63N-1a-301. Creation of office -- Responsibilities.
3416          (1) There is created the Governor's Office of Economic [Development] Opportunity.
3417          (2) The office is:
3418          (a) responsible for [economic development and economic development planning in the
3419     state] implementing the statewide economic development strategy developed by the
3420     commission; and
3421          (b) the industrial and business promotion authority of the state.
3422          (3) The office shall:
3423          (a) consistent with the statewide economic development strategy, coordinate and align
3424     into a single effort the activities of the economic opportunity agencies in the field of economic
3425     development;
3426          (b) provide support and direction to economic opportunity agencies in establishing
3427     goals, metrics, and activities that align with the statewide economic development strategy;
3428          [(a)] (c) administer and coordinate state and federal economic development grant
3429     programs;
3430          [(b)] (d) promote and encourage the economic, commercial, financial, industrial,
3431     agricultural, and civic welfare of the state;
3432          [(c)] (e) promote and encourage the employment of workers in the state and the
3433     purchase of goods and services produced in the state by local businesses;
3434          [(d)] (f) act to create, develop, attract, and retain business, industry, and commerce in
3435     the state, in accordance with the statewide economic development plan and commission

3436     directives;
3437          [(e)] (g) act to enhance the state's economy;
3438          [(f) administer programs over which the office is given administrative supervision by
3439     the governor;]
3440          (h) act to assist strategic industries that are likely to drive future economic growth;
3441          (i) assist communities in the state in developing economic development capacity and
3442     coordination with other communities;
3443          (j) identify areas of education and workforce development in the state that can be
3444     improved to support economic and business development;
3445          (k) consistent with direction from the commission, develop core strategic priorities for
3446     the office, which may include:
3447          (i) enhancing statewide access to entrepreneurship opportunities and small business
3448     support;
3449          (ii) focusing industry recruitment and expansion on strategically chosen clusters of
3450     industries;
3451          (iii) ensuring that in awarding competitive economic development incentives the office
3452     accurately measures the benefits and costs of the incentives; and
3453          (iv) assisting communities with technical support to aid those communities in
3454     improving economic development opportunities;
3455          [(g)] (l) submit an annual written report as described in Section [63N-1-301]
3456     63N-1a-306; and
3457          [(h)] (m) perform other duties as provided by the Legislature.
3458          (4) In order to perform its duties under this title, the office may:
3459          (a) enter into a contract or agreement with, or make a grant to, a public or private
3460     entity, including a municipality, if the contract or agreement is not in violation of state statute
3461     or other applicable law;
3462          (b) except as provided in Subsection (4)(c), receive and expend funds from a public or
3463     private source for any lawful purpose that is in the state's best interest; and
3464          (c) solicit and accept a contribution of money, services, or facilities from a public or
3465     private donor, but may not use the contribution for publicizing the exclusive interest of the
3466     donor.

3467          (5) Money received under Subsection (4)(c) shall be deposited in the General Fund as
3468     dedicated credits of the office.
3469          (6) (a) The office shall:
3470          (i) obtain the advice of the GO Utah board before implementing a change to a policy,
3471     priority, or objective under which the office operates[.]; and
3472          (ii) provide periodic updates to the commission regarding the office's efforts under
3473     Subsections (3)(a) and (b).
3474          (b) Subsection (6)(a)(i) does not apply to the routine administration by the office of
3475     money or services related to the assistance, retention, or recruitment of business, industry, or
3476     commerce in the state.
3477          Section 75. Section 63N-1a-302, which is renumbered from Section 63N-1-202 is
3478     renumbered and amended to read:
3479          [63N-1-202].      63N-1a-302. Executive director of office -- Appointment --
3480     Removal -- Compensation.
3481          (1) The office shall be administered, organized, and managed by an executive director
3482     appointed by the governor, with the advice and consent of the Senate.
3483          (2) The executive director serves at the pleasure of the governor.
3484          (3) The salary of the executive director shall be established by the governor within the
3485     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
3486          Section 76. Section 63N-1a-303, which is renumbered from Section 63N-1-203 is
3487     renumbered and amended to read:
3488          [63N-1-203].      63N-1a-303. Powers and duties of executive director.
3489          (1) Unless otherwise expressly provided by statute, the executive director may organize
3490     the office in any appropriate manner, including the appointment of deputy directors of the
3491     office.
3492          (2) The executive director may consolidate personnel and service functions for
3493     efficiency and economy in the office.
3494          (3) The executive director, with the approval of the governor:
3495          (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
3496     Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
3497          (b) may enter into a lawful contract or agreement with another state, a chamber of

3498     commerce organization, a service club, or a private entity; and
3499          (c) shall annually prepare and submit to the governor a budget of the office's financial
3500     requirements.
3501          (4) With the governor's approval, if a federal program requires the expenditure of state
3502     funds as a condition for the state to participate in a fund, property, or service, the executive
3503     director may expend necessary funds from money provided by the Legislature for the use of the
3504     office.
3505          (5) The executive director shall coordinate with the executive directors of the
3506     Department of Workforce Services and the Governor's Office of Management and Budget to
3507     review data and metrics to be reported to the Legislature as described in Subsection
3508     [63N-1-301] 63N-1a-306(2)(b).
3509          Section 77. Section 63N-1a-304, which is renumbered from Section 63N-1-204 is
3510     renumbered and amended to read:
3511          [63N-1-204].      63N-1a-304. Executive director and the Public Service
3512     Commission.
3513          (1) The executive director or the executive director's designee shall:
3514          (a) become generally informed of significant rate cases and policy proceedings before
3515     the Public Service Commission; and
3516          (b) monitor and study the potential economic development impact of these
3517     proceedings.
3518          (2) In the discretion of the executive director or the executive director's designee, the
3519     office may appear in a proceeding before the Public Service Commission to testify, advise, or
3520     present argument regarding the economic development impact of a matter that is the subject of
3521     the proceeding.
3522          Section 78. Section 63N-1a-305, which is renumbered from Section 63N-1-205 is
3523     renumbered and amended to read:
3524          [63N-1-205].      63N-1a-305. Incentive review process.
3525          The Legislature intends that the [Governor's Office of Economic Development] office
3526     will develop an incentives review process under the direction of the speaker of the House and
3527     the president of the Senate.
3528          Section 79. Section 63N-1a-306, which is renumbered from Section 63N-1-301 is

3529     renumbered and amended to read:
3530          [63N-1-301].      63N-1a-306. Annual report -- Content -- Format.
3531          (1) The office shall prepare and submit to the governor and the Legislature, by October
3532     1 of each year, an annual written report of the operations, activities, programs, and services of
3533     the office, including the divisions, sections, boards, commissions, councils, and committees
3534     established under this title, for the preceding fiscal year.
3535          (2) For each operation, activity, program, or service provided by the office, the annual
3536     report shall include:
3537          (a) a description of the operation, activity, program, or service;
3538          (b) data and metrics:
3539          (i) selected and used by the office to measure progress, performance, effectiveness, and
3540     scope of the operation, activity, program, or service, including summary data; and
3541          (ii) that are consistent and comparable for each state operation, activity, program, or
3542     service that primarily involves employment training or placement as determined by the
3543     executive directors of the office, the Department of Workforce Services, and the Governor's
3544     Office of Management and Budget;
3545          (c) budget data, including the amount and source of funding, expenses, and allocation
3546     of full-time employees for the operation, activity, program, or service;
3547          (d) historical data from previous years for comparison with data reported under
3548     Subsections (2)(b) and (c);
3549          (e) goals, challenges, and achievements related to the operation, activity, program, or
3550     service;
3551          (f) relevant federal and state statutory references and requirements;
3552          (g) contact information of officials knowledgeable and responsible for each operation,
3553     activity, program, or service; and
3554          (h) other information determined by the office that:
3555          (i) may be needed, useful, or of historical significance; or
3556          (ii) promotes accountability and transparency for each operation, activity, program, or
3557     service with the public and elected officials.
3558          (3) The annual report shall be designed to provide clear, accurate, and accessible
3559     information to the public, the governor, and the Legislature.

3560          (4) The office shall:
3561          (a) submit the annual report in accordance with Section 68-3-14;
3562          (b) make the annual report, and previous annual reports, accessible to the public by
3563     placing a link to the reports on the office's website; and
3564          (c) provide the data and metrics described in Subsection (2)(b) to the [Talent Ready
3565     Utah Board created in Section 63N-12-503] Talent, Education, and Industry Alignment
3566     Subcommittee created in Section 63N-1b-301.
3567          [(5) (a) On or before October 1, 2019, the office shall:]
3568          [(i) in consultation with the organizations described in Subsection (5)(c), coordinate
3569     the development of a written strategic plan that contains a coordinated economic development
3570     strategy for the state; and]
3571          [(ii) provide the strategic plan to the president of the Senate, the speaker of the House
3572     of Representatives, and the Economic Development and Workforce Services Interim
3573     Committee.]
3574          [(b) The strategic plan shall:]
3575          [(i) establish a statewide economic development strategy that consists of a limited set
3576     of clear, concise, and defined principles and goals;]
3577          [(ii) recommend targeted economic development policies that will further the
3578     implementation of the economic development strategy described in this section;]
3579          [(iii) identify each of the relevant state-level economic development agencies,
3580     including the agencies described in Subsection (5)(c);]
3581          [(iv) outline the functional role in furthering the state's economic development strategy
3582     for each relevant state-level economic development agency;]
3583          [(v) establish specific principles and make specific recommendations to decrease
3584     competition and increase communication and cooperation among state-level economic
3585     development agencies, providers and administrators of economic development programs in the
3586     state, nonprofit entities that participate in economic development in the state, and local
3587     governments;]
3588          [(vi) recommend a fundamental realignment of economic development programs in the
3589     state to ensure each program's purpose is congruent with the mission of the organization within
3590     which the program is located;]

3591          [(vii) address rural economic development by:]
3592          [(A) establishing goals and principles to ensure the state's economic development
3593     strategy works for both urban and rural areas of the state; and]
3594          [(B) providing recommendations on how existing rural economic development
3595     programs should be restructured or realigned;]
3596          [(viii) assess the effectiveness of the state's economic development incentives and
3597     make recommendations regarding:]
3598          [(A) how incentive policies could be improved; and]
3599          [(B) how incentives could be better coordinated among state-level economic
3600     development agencies and local governments;]
3601          [(ix) make recommendations regarding how to align the state's economic development
3602     strategy and policies in order to take advantage of the strengths and address the weaknesses of
3603     the state's current and projected urban and rural workforce;]
3604          [(x) make recommendations regarding how to monitor and assess whether certain
3605     economic development policies further the statewide economic development strategy described
3606     in this section, including recommendations on performance metrics to measure results; and]
3607          [(xi) align the strategic plan with each element of the statewide economic development
3608     strategy.]
3609          [(c) The office shall coordinate the development of the strategic plan by working in
3610     coordination with and obtaining information from other state agencies, including:]
3611          [(i) the Department of Workforce Services;]
3612          [(ii) the Office of Energy Development;]
3613          [(iii) the State Board of Education; and]
3614          [(iv) the Utah Board of Higher Education.]
3615          [(d) If contacted by the office, other state agencies, including those described in
3616     Subsection (5)(c), shall, in accordance with state and federal law, share information and
3617     cooperate with the office in coordinating the development of the strategic plan.]
3618          Section 80. Section 63N-1b-101 is enacted to read:
3619     
CHAPTER 1b. COMMISSION SUBCOMMITTEES

3620     
Part 1. General Provisions

3621          63N-1b-101. Definitions.

3622          As used in this chapter:
3623          (1) "Apprenticeship program" means a program that:
3624          (a) combines paid on-the-job learning with formal classroom instruction to prepare
3625     students for careers; and
3626          (b) includes:
3627          (i) structured on-the-job learning for students under the supervision of a skilled
3628     employee;
3629          (ii) classroom instruction for students related to the on-the-job learning;
3630          (iii) ongoing student assessments using established competency and skills standards;
3631     and
3632          (iv) the student receiving an industry-recognized credential or degree upon completion
3633     of the program.
3634          (2) "Career and technical education region" means an economic service area created in
3635     Section 35A-2-101.
3636          (3) "High quality professional learning" means the professional learning standards for
3637     teachers and principals described in Section 53G-11-303.
3638          (4) "Institution of higher education" means the University of Utah, Utah State
3639     University, Southern Utah University, Weber State University, Snow College, Dixie State
3640     University, Utah Valley University, or Salt Lake Community College.
3641          (5) "Local education agency" means a school district, a charter school, or the Utah
3642     Schools for the Deaf and the Blind.
3643          (6) "Master plan" means the computer science education master plan described in
3644     Section 63N-1b-304.
3645          (7) "Participating employer" means an employer that:
3646          (a) partners with an educational institution on a curriculum for an apprenticeship
3647     program or work-based learning program; and
3648          (b) provides an apprenticeship or work-based learning program for students.
3649          (8) "State board" means the State Board of Education.
3650          (9) "Talent program" means the Talent Ready Utah Program created in Section
3651     63N-1b-302.
3652          (10) "Talent subcommittee" means the Talent, Education, and Industry Alignment

3653     Subcommittee created in Section 63N-1b-301.
3654          (11) "Technical college" means:
3655          (a) a technical college described in Section 53B-2a-105;
3656          (b) the School of Applied Technology at Salt Lake Community College established in
3657     Section 53B-16-209;
3658          (c) Utah State University Eastern established in Section 53B-18-1201;
3659          (d) Utah State University Blanding established in Section 53B-18-1202; or
3660          (e) the Snow College Richfield campus established in Section 53B-16-205.
3661          (12) (a) "Work-based learning program" means a program that combines structured and
3662     supervised learning activities with authentic work experiences and that is implemented through
3663     industry and education partnerships.
3664          (b) "Work-based learning program" includes the following objectives:
3665          (i) providing students an applied workplace experience using knowledge and skills
3666     attained in a program of study that includes an internship, externship, or work experience;
3667          (ii) providing an educational institution with objective input from a participating
3668     employer regarding the education requirements of the current workforce; and
3669          (iii) providing funding for programs that are associated with high-wage, in-demand, or
3670     emerging occupations.
3671          (13) "Workforce programs" means education or industry programs that facilitate
3672     training the state's workforce to meet industry demand.
3673          Section 81. Section 63N-1b-102 is enacted to read:
3674          63N-1b-102. Subcommittees generally.
3675          (1) Each subcommittee created under this part or by the commission in accordance
3676     with this section serves under the direction of the commission and shall assist the commission
3677     in performing the commission's duties.
3678          (2) In addition to the subcommittees created under this part, the commission may
3679     establish one or more subcommittees to assist and advise the commission on specified topics or
3680     issues relevant to the commission's duties, including:
3681          (a) rural economic growth;
3682          (b) sustainable community growth;
3683          (c) small business and entrepreneurism;

3684          (d) multicultural economic empowerment; and
3685          (e) international relations, trade, and immigration.
3686          (3) When establishing a subcommittee under Subsection (2), the commission shall:
3687          (a) appoint members to the subcommittee that represent a range of views and expertise;
3688     and
3689          (b) adopt subcommittee procedures and directives.
3690          (4) (a) A member of a subcommittee may not receive compensation or benefits for the
3691     member's service, but may receive per diem and travel expenses in accordance with:
3692          (i) Section 63A-3-106;
3693          (ii) Section 63A-3-107; and
3694          (iii) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3695          (b) Compensation and expenses of a subcommittee member who is a legislator are
3696     governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and
3697     Expenses.
3698          Section 82. Section 63N-1b-201, which is renumbered from Section 63N-1-401 is
3699     renumbered and amended to read:
3700     
Part 2. Business and Economic Development Subcommittee

3701          [63N-1-401].      63N-1b-201. Business and Economic Development --
3702     Subcommittee -- Creation -- Membership -- Expenses.
3703          (1) (a) There is created [within the office the Board of Business and Economic
3704     Development] a subcommittee of the commission, called the Business and Economic
3705     Development Subcommittee, consisting of 15 members appointed by the [governor] chair of
3706     the commission, in consultation with the executive director, to four-year terms of office with
3707     the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
3708     Vacancies[.], including:
3709          (i) a representative from a rural association of governments;
3710          (ii) a rural representative of agriculture;
3711          (iii) a rural representative of the travel industry;
3712          (iv) a representative of rural utilities; and
3713          (v) a representative from the oil, gas, or mineral extraction industry.
3714          (b) Notwithstanding the requirements of Subsection (1)(a), the [governor] chair of the

3715     commission shall, at the time of appointment or reappointment, adjust the length of terms to
3716     ensure that the terms of board members are staggered so that approximately half of the [board]
3717     subcommittee is appointed every two years.
3718          (c) The members may not serve more than two full consecutive terms except where the
3719     [governor] chair of the commission determines that an additional term is in the best interest of
3720     the state.
3721          (2) In appointing members of the committee, the [governor] chair of the commission
3722     shall ensure that:
3723          (a) no more than eight members of the [board] subcommittee are from one political
3724     party; and
3725          (b) members represent a variety of geographic areas and economic interests of the state.
3726          (3) When a vacancy occurs in the membership for any reason, the replacement shall be
3727     appointed for the unexpired term in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
3728          (4) Eight members of the [board] subcommittee constitute a quorum for conducting
3729     board business and exercising board power.
3730          (5) The [governor] chair of the commission shall select one [board] subcommittee
3731     member as the [board's] subcommittee's chair and one member as the subcommittee's vice
3732     chair.
3733          (6) A member may not receive compensation or benefits for the member's service, but
3734     may receive per diem and travel expenses in accordance with:
3735          (a) Section 63A-3-106;
3736          (b) Section 63A-3-107; and
3737          (c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
3738          (7) A member shall comply with the conflict of interest provisions described in Title
3739     63G, Chapter 24, Part 3, Conflicts of Interest.
3740          (8) Nothing in this section prohibits an individual who, on May 4, 2021, is a member
3741     of a board within the office known as the Board of Business and Economic Development from
3742     serving as a member of the GO Utah board.
3743          Section 83. Section 63N-1b-202, which is renumbered from Section 63N-1-402 is
3744     renumbered and amended to read:
3745          [63N-1-402].      63N-1b-202. Business and Economic Development

3746     Subcommittee duties and powers.
3747          (1) The [board] Business and Economic Development Subcommittee shall advise and
3748     assist the [office] commission to:
3749          (a) promote and encourage the economic, commercial, financial, industrial,
3750     agricultural, and civic welfare of the state;
3751          (b) promote and encourage the development, attraction, expansion, and retention of
3752     businesses, industries, and commerce in the state;
3753          (c) support the efforts of local government and regional nonprofit economic
3754     development organizations to encourage expansion or retention of businesses, industries, and
3755     commerce in the state;
3756          (d) act to enhance the state's economy;
3757          (e) work in conjunction with companies and individuals located or doing business in
3758     the state to secure favorable rates, fares, tolls, charges, and classification for transportation of
3759     persons or property by:
3760          (i) railroad;
3761          (ii) motor carrier; or
3762          (iii) other common carriers;
3763          (f) [recommend] develop policies, priorities, and objectives [to the office] regarding
3764     the assistance, retention, or recruitment of business, industries, and commerce in the state;
3765          (g) [recommend how the office should] administer programs for the assistance,
3766     retention, or recruitment of businesses, industries, and commerce in the state;
3767          (h) [help] ensure that [economic-development] economic development programs are
3768     available to all areas of the state in accordance with federal and state law; [and]
3769          (i) identify local, regional, and statewide rural economic development and planning
3770     priorities;
3771          (j) understand, through study and input, issues relating to local, regional, and statewide
3772     rural economic development, including challenges, opportunities, best practices, policy,
3773     planning, and collaboration; and
3774          [(i)] (k) maintain ethical and conflict of interest standards consistent with those
3775     imposed on a public officer under Title 67, Chapter 16, Utah Public Officers' and Employees'
3776     Ethics Act.

3777          (2) The subcommittee shall:
3778          (a) serve as an advisory board to the commission on rural economic development
3779     issues;
3780          (b) prepare an annual strategic plan that:
3781          (i) identifies rural economic development, planning, and leadership training challenges,
3782     opportunities, priorities, and objectives; and
3783          (ii) includes a work plan for accomplishing the objectives referred to in Subsection
3784     (1)(b)(i); and
3785          (c) oversee the Rural County Grant Program created in Section 17-54-103.
3786          [(2)] (3) The [board] subcommittee may:
3787          (a) in accordance with Subsection (1)(e), appear as a party litigant on behalf of an
3788     individual or a company located or doing business in the state in a proceeding before a
3789     regulatory commission of the state, another state, or the federal government; and
3790          (b) in consultation with the executive director, make, amend, or repeal rules for the
3791     conduct of its business consistent with this part and in accordance with Title 63G, Chapter 3,
3792     Utah Administrative Rulemaking Act.
3793          Section 84. Section 63N-1b-301, which is renumbered from Section 63N-12-503 is
3794     renumbered and amended to read:
3795     
Part 3. Talent, Education, and Industry Alignment Subcommittee

3796          [63N-12-503].      63N-1b-301. Talent, Education, and Industry Alignment
3797     Subcommittee -- Creation -- Membership -- Expenses -- Duties.
3798          [(1) There is created within GOED the Talent Ready Utah Board composed of the
3799     following 14 members:]
3800          (1) There is created a subcommittee of the commission called the Talent, Education,
3801     and Industry Alignment Subcommittee composed of the following members:
3802          (a) the state superintendent of public instruction or the superintendent's designee;
3803          (b) the commissioner of higher education or the commissioner of higher education's
3804     designee;
3805          (c) the chair of the State Board of Education or the chair's designee;
3806          (d) the executive director of the Department of Workforce Services or the executive
3807     director of the department's designee;

3808          (e) the executive director of [GOED] the GO Utah office or the executive director's
3809     designee;
3810          (f) the director of the Division of Occupational and Professional Licensing or the
3811     director's designee;
3812          (g) the governor's education advisor or the advisor's designee;
3813          (h) one member of the Senate, appointed by the president of the Senate;
3814          (i) one member of the House of Representatives, appointed by the speaker of the House
3815     of Representatives;
3816          (j) the president of the Salt Lake Chamber or the president's designee;
3817          (k) three representatives of private industry chosen by the [talent ready board; and]
3818     commission;
3819          (l) a representative of the technology industry chosen by the [talent ready board.]
3820     commission;
3821          (m) the lieutenant governor or the lieutenant governor's designee; and
3822          (n) any additional individuals appointed by the commission who represent:
3823          (i) one or more individual educational institutions; or
3824          (ii) education or industry professionals.
3825          (2) The [talent ready board] commission shall select a chair and vice chair from among
3826     the members of the talent [ready board] subcommittee.
3827          (3) The talent [ready board] subcommittee shall meet at least quarterly.
3828          (4) Attendance of a majority of the members of the talent [ready board] subcommittee
3829     constitutes a quorum for the transaction of official talent [ready board] subcommittee business.
3830          (5) Formal action by the talent [ready board] subcommittee requires the majority vote
3831     of a quorum.
3832          (6) A member of the talent [ready board] subcommittee:
3833          (a) may not receive compensation or benefits for the member's service; and
3834          (b) who is not a legislator may receive per diem and travel expenses in accordance
3835     with:
3836          (i) Section 63A-3-106;
3837          (ii) Section 63A-3-107; and
3838          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

3839     63A-3-107.
3840          (7) The talent [ready board] subcommittee shall:
3841          (a) (i) review and develop metrics to measure the progress, performance, effectiveness,
3842     and scope of any state operation, activity, program, or service that primarily involves
3843     employment training or placement; and
3844          (ii) ensure that the metrics described in Subsection (7)(a) are consistent and
3845     comparable for each state operation, activity, program, or service that primarily involves
3846     employment training or placement;
3847          (b) make recommendations to the [center] commission regarding how to better align
3848     training and education in the state with industry demand;
3849          (c) make recommendations to the [center] commission regarding how to better align
3850     technical education with current and future workforce needs; and
3851          (d) coordinate with the [center] commission to meet the responsibilities described in
3852     Subsection [63N-12-502(4)] 63N-1b-302(4).
3853          Section 85. Section 63N-1b-302, which is renumbered from Section 63N-12-502 is
3854     renumbered and amended to read:
3855          [63N-12-502].      63N-1b-302. Talent Ready Utah Program.
3856          (1) There is created within [GOED] the office the Talent Ready Utah [Center]
3857     Program.
3858          (2) The executive director shall appoint a director of the [center] talent program.
3859          (3) The director of the [center] talent program may appoint staff with the approval of
3860     the executive director.
3861          (4) The [center] talent program shall coordinate with the talent [ready board]
3862     subcommittee to:
3863          (a) further education and industry alignment in the state;
3864          (b) coordinate the development of new education programs that align with industry
3865     demand;
3866          (c) coordinate or partner with other state agencies to administer grant programs;
3867          (d) promote the inclusion of industry partners in education;
3868          (e) provide outreach and information to employers regarding workforce programs and
3869     initiatives;

3870          (f) develop and analyze stackable credential programs;
3871          (g) determine efficiencies among workforce providers;
3872          (h) map available workforce programs focusing on programs that successfully create
3873     high-paying jobs; and
3874          (i) support initiatives of the talent [ready board] subcommittee.
3875          Section 86. Section 63N-1b-303, which is renumbered from Section 63N-12-504 is
3876     renumbered and amended to read:
3877          [63N-12-504].      63N-1b-303. Reporting.
3878          The [center] talent program shall prepare an annual report describing the [center's]
3879     talent program's operations and recommendations for inclusion in [GOED's] the office's annual
3880     written report described in Section [63N-1-301] 63N-1a-306, including the results of the
3881     apprenticeship pilot program described in Section [63N-12-507] 63N-1b-306.
3882          Section 87. Section 63N-1b-304, which is renumbered from Section 63N-12-505 is
3883     renumbered and amended to read:
3884          [63N-12-505].      63N-1b-304. Computer science education master plan.
3885          [On or before August 30, 2019, the talent ready board] The talent subcommittee, in
3886     consultation with the state board and the [center] talent program, shall develop a computer
3887     science education master plan that:
3888          (1) includes a statement of the objectives and goals of the master plan;
3889          (2) describes how the talent [ready board] subcommittee and the state board will
3890     administer the Computer Science for Utah Grant Program created in Section [63N-12-506]
3891     63N-1b-305;
3892          (3) provides guidance for local education agencies in implementing computer science
3893     education opportunities for students in high school, middle school, and elementary school;
3894          (4) integrates recommendations and best practices from private and public entities that
3895     are seeking to improve and expand the opportunities for computer science education, including
3896     the Expanding Computer Education Pathways Alliance; and
3897          (5) makes recommendations to assist a local education agency in creating a local
3898     education agency computer science plan described in Subsection [63N-12-506] 63N-1b-305(7),
3899     including:
3900          (a) providing recommendations regarding course offerings in computer science;

3901          (b) providing recommendations regarding professional development opportunities in
3902     computer science for licensed teachers;
3903          (c) providing recommendations regarding curriculum software for computer science
3904     courses;
3905          (d) providing recommendations regarding assessment solutions to measure the learning
3906     outcomes of students in computer science courses; and
3907          (e) providing information regarding how a local education agency can receive technical
3908     support from the talent [ready board] subcommittee in providing computer science education
3909     opportunities for students.
3910          Section 88. Section 63N-1b-305, which is renumbered from Section 63N-12-506 is
3911     renumbered and amended to read:
3912          [63N-12-506].      63N-1b-305. Computer Science for Utah Grant Program.
3913          (1) As used in this section, "grant program" means the Computer Science for Utah
3914     Grant Program created in Subsection (2).
3915          (2) The Computer Science for Utah Grant Program is created to provide grants to
3916     eligible local education agencies for improving computer science learning outcomes and course
3917     offerings as demonstrated by:
3918          (a) the creation and implementation of a local education agency computer science plan
3919     as described in Subsection (7); and
3920          (b) the effective implementation of approved courses and the provision of effective
3921     training opportunities for licensed teachers.
3922          (3) Subject to appropriations from the Legislature, and subject to the approval of the
3923     talent [ready board] subcommittee, the state board shall distribute to local education agencies
3924     money appropriated for the grant program in accordance with this section.
3925          (4) The state board shall:
3926          (a) solicit applications from local education agency boards to receive grant money
3927     under the grant program;
3928          (b) make recommendations to the talent [ready board] subcommittee regarding the
3929     awarding of grant money to a local education agency board on behalf of a local education
3930     agency based on the criteria described in Subsection (6); and
3931          (c) obtain final approval from the talent [ready board] subcommittee before awarding

3932     grant money.
3933          (5) In administering the Computer Science for Utah Grant Program, the state board and
3934     the office, in consultation with the talent [ready board] subcommittee, may make rules, in
3935     accordance with this part and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3936          (a) describe the form and deadlines for a grant application by a local education agency
3937     under this section; and
3938          (b) describe the reporting requirements required by a local education agency after
3939     receiving a grant under this section.
3940          (6) In awarding a grant under Subsection (3), the state board shall consider the
3941     effectiveness of the local education agency in creating and implementing a local education
3942     agency computer science plan as described in Subsection (7).
3943          (7) Each local education agency that seeks a grant as described in this section shall
3944     submit a written computer science plan, in a form approved by the state board and the talent
3945     [ready board] subcommittee, that:
3946          (a) covers at least four years;
3947          (b) addresses the recommendations of the talent [ready board's] subcommittee's
3948     computer science education master plan described in Section [63N-12-505] 63N-1b-304;
3949          (c) identifies targets for improved computer science offerings, student learning, and
3950     licensed teacher training;
3951          (d) describes a computer science professional development program and other
3952     opportunities for high quality professional learning for licensed teachers or individuals training
3953     to become licensed teachers;
3954          (e) provides a detailed budget, communications, and reporting structure for
3955     implementing the computer science plan;
3956          (f) commits to provide one computer science course offering, approved by the talent
3957     [ready board] subcommittee, in every middle and high school within the local education
3958     agency;
3959          (g) commits to integrate computer science education into the curriculum of each
3960     elementary school within the local education agency; and
3961          (h) includes any other requirement established by the state board or the office by rule,
3962     in consultation with the talent [ready board] subcommittee, in accordance with this part and

3963     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
3964          (8) Each local education agency that receives a grant as described in this section shall
3965     provide an annual written assessment to the state board and the talent [ready board]
3966     subcommittee for each year that the local education agency receives a grant or expends grant
3967     money that includes:
3968          (a) how the grant money was used;
3969          (b) any improvements in the number and quality of computer science offerings
3970     provided by the local education agency and any increase in the number of licensed teachers
3971     providing computer science teaching to students;
3972          (c) any difficulties encountered during implementation of the local education agency's
3973     written computer science plan and steps that will be taken to address the difficulties; and
3974          (d) any other requirement established by the state board or the office by rule, in
3975     consultation with the talent [ready board] subcommittee, in accordance with this part and Title
3976     63G, Chapter 3, Utah Administrative Rulemaking Act.
3977          (9) (a) The state board and the talent [ready board] subcommittee shall review each
3978     annual written assessment described in Subsection (8).
3979          (b) As a result of the review described in Subsection (9)(a):
3980          (i) the state board or the talent [ready board] subcommittee may provide
3981     recommendations to improve the progress of the local education agency in meeting the
3982     objectives of the written computer science plan;
3983          (ii) the state board may determine not to renew or extend a grant under this section; or
3984          (iii) the state board or the talent [ready board] subcommittee may take other action to
3985     assist the local education agency.
3986          Section 89. Section 63N-1b-306, which is renumbered from Section 63N-12-507 is
3987     renumbered and amended to read:
3988          [63N-12-507].      63N-1b-306. Apprenticeships and work-based learning.
3989          (1) The [center] talent program in collaboration with the talent [ready board]
3990     subcommittee may partner with one or more of the following to facilitate and encourage
3991     apprenticeship opportunities and work-based learning opportunities for Utah students:
3992          (a) the state board;
3993          (b) the Utah system of higher education; and

3994          (c) a participating employer in the state.
3995          (2) Subject to appropriations from the Legislature and in accordance with the proposal
3996     process and other provisions of this section, the talent [ready board] subcommittee, with the
3997     concurrence of the executive director, may provide funding for approved apprenticeship
3998     opportunities and work-based learning opportunities.
3999          (3) To receive funding under this section, an entity described in Subsection (1) seeking
4000     to partner with the [center] talent program shall submit a proposal through the [center] talent
4001     program, in a form approved by the [center] talent program and in accordance with deadlines
4002     determined by the [center] talent program, that contains the following elements:
4003          (a) the proposal shall include:
4004          (i) a description of the proposed apprenticeship program or work-based learning
4005     program that demonstrates the program will be:
4006          (A) responsive to the workforce needs of a high demand industry or occupation; and
4007          (B) a partnership between at least one participating employer and at least one public
4008     high school, technical college, or institution of higher education;
4009          (ii) an estimate of:
4010          (A) student enrollment in the program;
4011          (B) what school credit, credentials, certifications, or other workforce attainments will
4012     be provided by the program; and
4013          (C) job-placement rates for students who complete the program;
4014          (iii) a description of any financial contributions or in-kind contributions that will be
4015     provided by each participating employer in the program;
4016          (iv) if the program would require state board approval under the provisions of Section
4017     53B-16-102, evidence that the state board has approved the program; and
4018          (v) the amount of funding requested for the program, including justification for the
4019     funding; and
4020          (b) while not required, a preference may be given to a proposal that includes:
4021          (i) a description of a stackable credentialing pathway for participating students that will
4022     be created by the program between at least two of the following:
4023          (A) a public high school;
4024          (B) a technical college; and

4025          (C) an institution of higher education; or
4026          (ii) the potential for participating students to obtain full-time employment with the
4027     participating employer upon completion of the program.
4028          (4) The talent [ready board] subcommittee shall review and prioritize each proposal
4029     received and determine whether the proposal should be funded, using the following criteria:
4030          (a) the quality and completeness of the elements of the proposal described in
4031     Subsection (3)(a);
4032          (b) the quality of the optional elements of the proposal described in Subsection (3)(b);
4033          (c) to what extent the proposal would expand the capacity to meet state or regional
4034     workforce needs; and
4035          (d) other relevant criteria as determined by the talent [ready board] subcommittee.
4036          (5) A partnership that receives funding under this section:
4037          (a) shall use the money to accomplish the proposed apprenticeship program or
4038     work-based learning program;
4039          (b) may use the money to offset a participating employer's direct operational costs
4040     associated with employing students as part of an approved apprenticeship program or
4041     work-based learning program;
4042          (c) except as provided in Subsection (5)(d), may not use the money for educational
4043     administration; and
4044          (d) may use the money to support one full-time employee within a career and technical
4045     education region if:
4046          (i) each participating local education agency, public high school, technical college, and
4047     institution of higher education agree on which entity will house the full-time employee;
4048          (ii) the full-time employee spends all of the employee's time working exclusively to
4049     develop apprentice programs or work-based learning programs; and
4050          (iii) the full-time employee is responsible for regular reporting to and receiving training
4051     from the director of the [center] talent program.
4052          (6) The [center] talent program shall be responsible for the administration of
4053     apprenticeship programs and work-based learning programs described in this section,
4054     including:
4055          (a) working with and providing technical assistance to the participating partners that

4056     establish apprentice programs and work-based learning programs and that receive funding
4057     under the provisions of this section;
4058          (b) establishing reporting requirements for participating partners that establish
4059     apprentice programs and work-based learning programs and that receive funding under the
4060     provisions of this section;
4061          (c) providing outreach and marketing to encourage more employers to participate; and
4062          (d) annually providing information to [GOED] the office regarding the activities,
4063     successes, and challenges of the center related to administering apprentice programs and
4064     work-based learning programs for inclusion in [GOED's] the office's annual written report
4065     described in Section [63N-1-301] 63N-1a-306, including:
4066          (i) specific entities that received funding under this section;
4067          (ii) the amount of funding provided to each entity; and
4068          (iii) the number of participating students in each apprentice program and work-based
4069     learning program.
4070          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4071     the provisions of this section, the [center] talent program may make rules regarding:
4072          (a) the method and deadlines for applying for funding under this section;
4073          (b) the distribution of funding under this section; and
4074          (c) the reporting requirements of each entity receiving funding under this section.
4075          Section 90. Section 63N-1b-307, which is renumbered from Section 63N-12-508 is
4076     renumbered and amended to read:
4077          [63N-12-508].      63N-1b-307. Utah Works Program.
4078          (1) There is created [within the center] the Utah Works Program.
4079          (2) The program, under the direction of [the center and] the talent [ready board]
4080     subcommittee, shall coordinate and partner with the entities described below to develop
4081     short-term pre-employment training and short-term early employment training for student and
4082     workforce participants that meet the needs of businesses that are creating jobs and economic
4083     growth in the state by:
4084          (a) partnering with the office, the Department of Workforce Services, and the Utah
4085     system of higher education;
4086          (b) partnering with businesses that have significant hiring demands for primarily newly

4087     created jobs in the state;
4088          (c) coordinating with the Department of Workforce Services, education agencies, and
4089     employers to create effective recruitment initiatives to attract student and workforce
4090     participants and business participants to the program;
4091          (d) coordinating with the Utah system of higher education to develop educational and
4092     training resources to provide student participants in the program qualifications to be hired by
4093     business participants in the program; and
4094          (e) coordinating with the State Board of Education and local education agencies when
4095     appropriate to develop educational and training resources to provide student participants in the
4096     program qualifications to be hired by business participants in the program.
4097          (3) (a) Subject to appropriation, beginning on August 5, 2020, the office, in
4098     consultation with the talent [ready board] subcommittee, may respond to the COVID-19
4099     pandemic by directing financial grants to institutions of higher education described in Section
4100     53B-2-101 to offer short-term programs to:
4101          (i) provide training to furloughed, laid off, dislocated, underserved, or other
4102     populations affected by COVID-19 to fill employment gaps in the state;
4103          (ii) provide training and education related to industry needs; and
4104          (iii) provide students with certificates or other recognition after completion of training.
4105          (b) (i) As soon as is practicable but on or before July 31, 2020, the office shall report to
4106     the director of the Division of Finance about the grant program under this Subsection (3),
4107     including:
4108          (A) the process by which the office shall determine which institutions of higher
4109     education shall receive financial grants; and
4110          (B) the formula for awarding financial grants.
4111          (ii) The office shall:
4112          (A) participate in the presentation that the director of the Division of Finance provides
4113     to the president of the Senate, the speaker of the House of Representatives, the minority leader
4114     of the Senate, and the minority leader of the House of Representatives under Section
4115     63A-3-111; and
4116          (B) consider any recommendations for adjustments to the grant program from the
4117     president of the Senate, the speaker of the House of Representatives, the minority leader of the

4118     Senate, and the minority leader of the House of Representatives.
4119          (c) To implement Subsection (3)(a), an institution of higher education that receives
4120     grant funds:
4121          (i) may use grant funds for:
4122          (A) costs associated with developing a new program; or
4123          (B) costs associated with expanding an existing program; and
4124          (ii) shall demonstrate industry needs and opportunities for partnership with industry.
4125          (d) (i) The office shall award grant funds:
4126          (A) after an initial application period that ends on or before August 31, 2020; and
4127          (B) if funds remain after the initial application period, on a rolling basis until the
4128     earlier of funds being exhausted or November 30, 2020.
4129          (ii) An institution of higher education that receives grant funds shall expend the grant
4130     funds on or before December 1, 2020.
4131          (e) The [center] office shall conduct outreach, including education about career
4132     guidance, training, and workforce programs, to the targeted populations.
4133          (4) The office, in consultation with the talent [ready board] subcommittee, may, in
4134     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance
4135     with the provisions of this section, make rules regarding the development and administration of
4136     the Utah Works Program.
4137          (5) The [center] Utah Works Program shall report the following metrics to the office
4138     for inclusion in the office's annual report described in Section [63N-1-301] 63N-1a-306:
4139          (a) the number of participants in the program;
4140          (b) how program participants learned about or were referred to the program, including
4141     the number of participants who learned about or were referred to the program by:
4142          (i) the Department of Workforce Services;
4143          (ii) marketing efforts of the [center] office or talent [ready board] subcommittee;
4144          (iii) a school counselor; and
4145          (iv) other methods;
4146          (c) the number of participants who have completed training offered by the program;
4147     and
4148          (d) the number of participants who have been hired by a business participating in the

4149     program.
4150          Section 91. Section 63N-2-103 is amended to read:
4151          63N-2-103. Definitions.
4152          As used in this part:
4153          (1) "Authority" means:
4154          (a) the Utah Inland Port Authority, created in Section 11-58-201; or
4155          (b) the Military Installation Development Authority, created in Section 63H-1-201.
4156          (2) "Authority project area" means a project area of:
4157          (a) the Utah Inland Port Authority, created in Section 11-58-201; or
4158          (b) the Military Installation Development Authority, created in Section 63H-1-201.
4159          (3) "Business entity" means a person that enters into an agreement with the office to
4160     initiate a new commercial project in Utah that will qualify the person to receive a tax credit
4161     under Section 59-7-614.2 or 59-10-1107.
4162          (4) "Community reinvestment agency" has the same meaning as that term is defined in
4163     Section 17C-1-102.
4164          (5) "Development zone" means an economic development zone created under Section
4165     63N-2-104.
4166          (6) "Local government entity" means a county, city, town, or authority that enters into
4167     an agreement with the office to have a new commercial project that:
4168          (a) is initiated within:
4169          (i) the boundary of the county, city, or town; or
4170          (ii) an authority project area; and
4171          (b) qualifies the county, city, town, or authority to receive a tax credit under Section
4172     59-7-614.2.
4173          (7) (a) "New commercial project" means an economic development opportunity that:
4174          (i) involves new or expanded industrial, manufacturing, distribution, or business
4175     services in [Utah.] the state; and
4176          (ii) advances the statewide economic development strategy.
4177          (b) "New commercial project" does not include retail business.
4178          (8) "Significant capital investment" means an amount of at least $10,000,000 to
4179     purchase capital or fixed assets, which may include real property, personal property, and other

4180     fixtures related to a new commercial project:
4181          (a) that represents an expansion of existing operations in the state; or
4182          (b) that maintains or increases the business entity's existing work force in the state.
4183          (9) "Tax credit" means an economic development tax credit created by Section
4184     59-7-614.2 or 59-10-1107.
4185          (10) "Tax credit amount" means the amount the office lists as a tax credit on a tax
4186     credit certificate for a taxable year.
4187          (11) "Tax credit certificate" means a certificate issued by the office that:
4188          (a) lists the name of the business entity, local government entity, or community
4189     development and renewal agency to which the office authorizes a tax credit;
4190          (b) lists the business entity's, local government entity's, or community development and
4191     renewal agency's taxpayer identification number;
4192          (c) lists the amount of tax credit that the office authorizes the business entity, local
4193     government entity, or community development and renewal agency for the taxable year; and
4194          (d) may include other information as determined by the office.
4195          Section 92. Section 63N-2-104 is amended to read:
4196          63N-2-104. Creation of economic development zones -- Tax credits -- Assignment
4197     of tax credit.
4198          (1) The office[, with advice from the board,] may create an economic development
4199     zone in the state if the following requirements are satisfied:
4200          (a) the area is zoned commercial, industrial, manufacturing, business park, research
4201     park, or other appropriate business related use in a community-approved master plan that
4202     contemplates future growth;
4203          (b) the request to create a development zone has first been approved by an appropriate
4204     local government entity; and
4205          (c) local incentives have been or will be committed to be provided within the area in
4206     accordance with the community's approved incentive policy and application process.
4207          (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4208     the office shall make rules establishing the requirements for a business entity or local
4209     government entity to qualify for a tax credit for a new commercial project in a development
4210     zone under this part.

4211          (b) The office shall ensure that the requirements described in Subsection (2)(a) include
4212     the following:
4213          (i) the new commercial project is within the development zone;
4214          (ii) the new commercial project includes direct investment within the geographic
4215     boundaries of the development zone;
4216          (iii) the new commercial project brings new incremental jobs to Utah;
4217          (iv) the new commercial project includes the creation of high paying jobs in the state,
4218     significant capital investment in the state, or significant purchases from vendors, contractors, or
4219     service providers in the state, or a combination of these three economic factors;
4220          (v) the new commercial project generates new state revenues; [and]
4221          (vi) a business entity, a local government entity, or a community reinvestment agency
4222     to which a local government entity assigns a tax credit under this section meets the
4223     requirements of Section 63N-2-105[.]; and
4224          (vii) unless otherwise advisable in light of economic circumstances, the new
4225     commercial project relates to the industry clusters identified by the commission under Section
4226     63N-1a-202.
4227          (3) (a) The office, after consultation with the [board] GO Utah board, may enter into a
4228     written agreement with a business entity or local government entity authorizing a tax credit to
4229     the business entity or local government entity if the business entity or local government entity
4230     meets the requirements described in this section.
4231          (b) (i) With respect to a new commercial project, the office may authorize a tax credit
4232     to a business entity or a local government entity, but not both.
4233          (ii) In determining whether to authorize a tax credit with respect to a new commercial
4234     project to a business entity or a local government entity, the office shall authorize the tax credit
4235     in a manner that the office determines will result in providing the most effective incentive for
4236     the new commercial project.
4237          [(c) (i) Except as provided in Subsection (3)(c)(ii), the]
4238          (c) The office may not authorize or commit to authorize a tax credit that exceeds:
4239          [(A)] (i) 50% of the new state revenues from the new commercial project in any given
4240     year; or
4241          [(B)] (ii) 30% of the new state revenues from the new commercial project over the

4242     lesser of the life of a new commercial project or 20 years.
4243          [(ii) If the eligible business entity makes capital expenditures in the state of
4244     $1,500,000,000 or more associated with a new commercial project, the office may:]
4245          [(A) authorize or commit to authorize a tax credit not exceeding 60% of new state
4246     revenues over the lesser of the life of the project or 20 years, if the other requirements of this
4247     part are met;]
4248          [(B) establish the year that state revenues and incremental jobs baseline data are
4249     measured for purposes of an incentive under this Subsection (3)(c)(ii); and]
4250          [(C) offer an incentive under this Subsection (3)(c)(ii) or modify an existing incentive
4251     previously granted under Subsection (3)(c)(i) that is based on the baseline measurements
4252     described in Subsection (3)(c)(ii)(B), except that the incentive may not authorize or commit to
4253     authorize a tax credit of more than 60% of new state revenues in any one year.]
4254          (d) (i) A local government entity may by resolution assign a tax credit authorized by
4255     the office to a community reinvestment agency.
4256          (ii) The local government entity shall provide a copy of the resolution described in
4257     Subsection (3)(d)(i) to the office.
4258          (iii) If a local government entity assigns a tax credit to a community reinvestment
4259     agency, the written agreement described in Subsection (3)(a) shall:
4260          (A) be between the office, the local government entity, and the community
4261     reinvestment agency;
4262          (B) establish the obligations of the local government entity and the community
4263     reinvestment agency; and
4264          (C) establish the extent to which any of the local government entity's obligations are
4265     transferred to the community reinvestment agency.
4266          (iv) If a local government entity assigns a tax credit to a community reinvestment
4267     agency:
4268          (A) the community reinvestment agency shall retain records as described in Subsection
4269     (4)(d); and
4270          (B) a tax credit certificate issued in accordance with Section 63N-2-105 shall list the
4271     community reinvestment agency as the named applicant.
4272          (4) The office shall ensure that the written agreement described in Subsection (3):

4273          (a) specifies the requirements that the business entity or local government entity shall
4274     meet to qualify for a tax credit under this part;
4275          (b) specifies the maximum amount of tax credit that the business entity or local
4276     government entity may be authorized for a taxable year and over the life of the new commercial
4277     project;
4278          (c) establishes the length of time the business entity or local government entity may
4279     claim a tax credit;
4280          (d) requires the business entity or local government entity to retain records supporting a
4281     claim for a tax credit for at least four years after the business entity or local government entity
4282     claims a tax credit under this part; and
4283          (e) requires the business entity or local government entity to submit to audits for
4284     verification of the tax credit claimed.
4285          (5) The office may attribute an incremental job or a high paying job to a new
4286     commercial project regardless of whether the job is performed in person, within the
4287     development zone or remotely from elsewhere in the state.
4288          Section 93. Section 63N-2-105 is amended to read:
4289          63N-2-105. Qualifications for tax credit -- Procedure.
4290          (1) The office shall certify a business entity's or local government entity's eligibility for
4291     a tax credit as provided in this part.
4292          (2) A business entity or local government entity seeking to receive a tax credit as
4293     provided in this part shall provide the office with:
4294          (a) an application for a tax credit certificate, including a certification, by an officer of
4295     the business entity, of any signature on the application;
4296          (b) (i) for a business entity, documentation of the new state revenues from the business
4297     entity's new commercial project that were paid during [the preceding] a calendar year; or
4298          (ii) for a local government entity, documentation of the new state revenues from the
4299     new commercial project within the area of the local government entity that were paid during
4300     [the preceding] a calendar year;
4301          (c) known or expected detriments to the state or existing businesses in the state;
4302          (d) if a local government entity seeks to assign the tax credit to a community
4303     reinvestment agency as described in Section 63N-2-104, a statement providing the name and

4304     taxpayer identification number of the community reinvestment agency to which the local
4305     government entity seeks to assign the tax credit;
4306          [(e) (i) with respect to a business entity, a document that expressly directs and
4307     authorizes the State Tax Commission to disclose to the office the business entity's returns and
4308     other information that would otherwise be subject to confidentiality under Section 59-1-403 or
4309     Section 6103, Internal Revenue Code;]
4310          (e) (i) with respect to a business entity that seeks to claim a tax credit:
4311          (A) a document that expressly directs and authorizes the State Tax Commission to
4312     disclose to the office the business entity's returns and other information that would otherwise
4313     be subject to confidentiality under Section 59-1-403 or Section 6103, Internal Revenue Code;
4314     and
4315          (B) a document that expressly directs and authorizes the Department of Workforce
4316     Services to disclose to the office the business entity's unemployment insurance contribution
4317     reports that would otherwise be subject to confidentiality under Section 35A-4-312;
4318          (ii) with respect to a local government entity that seeks to claim the tax credit:
4319          (A) a document that expressly directs and authorizes the State Tax Commission to
4320     disclose to the office the local government entity's returns and other information that would
4321     otherwise be subject to confidentiality under Section 59-1-403 or Section 6103, Internal
4322     Revenue Code; and
4323          (B) if the new state revenues collected as a result of a new commercial project are
4324     attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
4325     business service within a new commercial project within the area of the local government
4326     entity, a document signed by an authorized representative of the new or expanded industrial,
4327     manufacturing, distribution, or business service that:
4328          (I) expressly directs and authorizes the State Tax Commission to disclose to the office
4329     the returns of the new or expanded industrial, manufacturing, distribution, or business service
4330     and other information that would otherwise be subject to confidentiality under Section
4331     59-1-403 or Section 6103, Internal Revenue Code; and
4332          (II) lists the taxpayer identification number of the new or expanded industrial,
4333     manufacturing, distribution, or business service; or
4334          (iii) with respect to a local government entity that seeks to assign the tax credit to a

4335     community reinvestment agency:
4336          (A) a document signed by the members of the governing body of the community
4337     reinvestment agency that expressly directs and authorizes the State Tax Commission to
4338     disclose to the office the returns of the community reinvestment agency and other information
4339     that would otherwise be subject to confidentiality under Section 59-1-403 or Section 6103,
4340     Internal Revenue Code; and
4341          (B) if the new state revenues collected as a result of a new commercial project are
4342     attributable in whole or in part to a new or expanded industrial, manufacturing, distribution, or
4343     business service within a new commercial project within the community reinvestment agency,
4344     a document signed by an authorized representative of the new or expanded industrial,
4345     manufacturing, distribution, or business service that:
4346          (I) expressly directs and authorizes the State Tax Commission to disclose to the office
4347     the returns of the new or expanded industrial, manufacturing, distribution, or business service
4348     and other information that would otherwise be subject to confidentiality under Section
4349     59-1-403 or Section 6103, Internal Revenue Code; and
4350          (II) lists the taxpayer identification number of the new or expanded industrial,
4351     manufacturing, distribution, or business service; and
4352          (f) for a business entity only, documentation that the business entity has satisfied the
4353     performance benchmarks outlined in the written agreement described in Subsection
4354     63N-2-104(3)(a), [including] and as defined by rule made in accordance with Title 63G,
4355     Chapter 3, Utah Administrative Rulemaking Act, including the creation of new:
4356          [(i) the creation of new incremental jobs that are also high paying jobs;]
4357          [(ii) significant capital investment;]
4358          [(iii) significant purchases from Utah vendors and providers; or]
4359          [(iv) a combination of these benchmarks.]
4360          (i) incremental jobs;
4361          (ii) high paying jobs; and
4362          (iii) state revenue.
4363          (3) (a) The office shall submit the documents described in Subsection (2)(e) to the
4364     State Tax Commission.
4365          (b) Upon receipt of a document described in Subsection (2)(e), the State Tax

4366     Commission shall provide the office with the returns and other information requested by the
4367     office that the State Tax Commission is directed or authorized to provide to the office in
4368     accordance with Subsection (2)(e).
4369          (4) If, with respect to an agreement described in Subsection 63N-2-104(3)(a) between
4370     the office and a business entity, the office identifies one of the following events, the office and
4371     the business entity shall amend or the office may terminate the agreement:
4372          (a) a change in the business entity's organization resulting from a merger with or
4373     acquisition of another entity located in the state;
4374          (b) a material increase in the business entity's retail operations that results in new state
4375     revenue not subject to the incentive; or
4376          (c) an increase in the business entity's operations that:
4377          (i) is outside the scope of the agreement or outside the boundaries of a development
4378     zone; and
4379          (ii) results in new state revenue not subject to the incentive.
4380          [(4)] (5) If, after review of the returns and other information provided by the State Tax
4381     Commission, or after review of the ongoing performance of the business entity or local
4382     government entity, the office determines that the returns and other information are inadequate
4383     to provide a reasonable justification for authorizing or continuing a tax credit, the office shall:
4384          (a) (i) deny the tax credit; or
4385          (ii) terminate the agreement described in Subsection 63N-2-104(3)(a) for failure to
4386     meet the performance standards established in the agreement; or
4387          (b) inform the business entity or local government entity that the returns or other
4388     information were inadequate and ask the business entity or local government entity to submit
4389     new documentation.
4390          [(5)] (6) If after review of the returns and other information provided by the State Tax
4391     Commission, the office determines that the returns and other information provided by the
4392     business entity or local government entity provide reasonable justification for authorizing a tax
4393     credit, the office shall, based upon the returns and other information:
4394          (a) determine the amount of the tax credit to be granted to the business entity, local
4395     government entity, or if the local government entity assigns the tax credit as described in
4396     Section 63N-2-104, to the community reinvestment agency to which the local government

4397     entity assigns the tax credit;
4398          (b) issue a tax credit certificate to the business entity, local government entity, or if the
4399     local government entity assigns the tax credit as described in Section 63N-2-104, to the
4400     community reinvestment agency to which the local government entity assigns the tax credit;
4401     and
4402          (c) provide a [duplicate copy] digital record of the tax credit certificate to the State Tax
4403     Commission.
4404          (7) (a) For purposes of determining the amount of a business entity's tax credit in
4405     accordance with this section, the office may establish by rule made in accordance with Title
4406     63G, Chapter 3, Utah Administrative Rulemaking Act, a process by which the office closely
4407     approximates the amount of taxes the business entity paid under Title 59, Chapter 12, Sales and
4408     Use Tax Act, for a capital project.
4409          (b) The office may apply a process described in Subsection (7)(a) to a business entity
4410     only with respect to a new agreement described in Subsection 63N-2-104(3)(a) that takes effect
4411     on or after January 1, 2022.
4412          [(6)] (8) A business entity, local government entity, or community reinvestment agency
4413     may not claim a tax credit unless the business entity, local government entity, or community
4414     reinvestment agency has a tax credit certificate issued by the office.
4415          [(7)] (9) (a) A business entity, local government entity, or community reinvestment
4416     agency may claim a tax credit in the amount listed on the tax credit certificate on its tax return.
4417          (b) A business entity, local government entity, or community reinvestment agency that
4418     claims a tax credit under this section shall retain the tax credit certificate in accordance with
4419     Section 59-7-614.2 or 59-10-1107.
4420          Section 94. Section 63N-2-106 is amended to read:
4421          63N-2-106. Reports -- Posting monthly and annual reports -- Audit and study of
4422     tax credits.
4423          (1) The office shall include the following information in the annual written report
4424     described in Section [63N-1-301] 63N-1a-306:
4425          (a) the office's success in attracting new commercial projects to development zones
4426     under this part and the corresponding increase in new incremental jobs;
4427          (b) how many new incremental jobs and high paying jobs are employees of a company

4428     that received tax credits under this part, including the number of employees who work for a
4429     third-party rather than directly for a company, receiving the tax credits under this part;
4430          (c) the estimated amount of tax credit commitments made by the office and the period
4431     of time over which tax credits will be paid;
4432          (d) the economic impact on the state from new state revenues and the provision of tax
4433     credits under this part;
4434          (e) the estimated costs and economic benefits of the tax credit commitments made by
4435     the office;
4436          (f) the actual costs and economic benefits of the tax credit commitments made by the
4437     office; and
4438          (g) tax credit commitments made by the office, with the associated calculation.
4439          (2) Each month, the office shall post on its website and on a state website:
4440          (a) the new tax credit commitments made by the office during the previous month; and
4441          (b) the estimated costs and economic benefits of those tax credit commitments.
4442          (3) (a) On or before November 1, 2014, and every three years after November 1, 2014,
4443     the office shall:
4444          (i) conduct an audit of the tax credits allowed under Section 63N-2-105;
4445          (ii) study the tax credits allowed under Section 63N-2-105; and
4446          (iii) make recommendations concerning whether the tax credits should be continued,
4447     modified, or repealed.
4448          (b) The audit shall include an evaluation of:
4449          (i) the cost of the tax credits;
4450          (ii) the purposes and effectiveness of the tax credits;
4451          (iii) the extent to which the state benefits from the tax credits; and
4452          (iv) the state's return on investment under this part measured by new state revenues,
4453     compared with the costs of tax credits provided and GOED's expenses in administering this
4454     part.
4455          (c) The office shall provide the results of the audit described in this Subsection (3):
4456          (i) in the written annual report described in Subsection (1); and
4457          (ii) as part of the reviews described in Sections 59-7-159 and 59-10-137.
4458          Section 95. Section 63N-2-107 is amended to read:

4459          63N-2-107. Reports of new state revenues, partial rebates, and tax credits.
4460          (1) Before October 1 of each year, the office shall submit a report to the Governor's
4461     Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the Division
4462     of Finance identifying:
4463          (a) (i) the total estimated amount of new state revenues created from new commercial
4464     projects in development zones;
4465          (ii) the estimated amount of new state revenues from new commercial projects in
4466     development zones that will be generated from:
4467          (A) sales tax;
4468          (B) income tax; and
4469          (C) corporate franchise and income tax; and
4470          (iii) the minimum number of new incremental jobs and high paying jobs that will be
4471     created before any tax credit is awarded; and
4472          (b) the total estimated amount of tax credits that the office projects that business
4473     entities, local government entities, or community reinvestment agencies will qualify to claim
4474     under this part.
4475          (2) By the first business day of each month, the office shall submit a report to the
4476     Governor's Office of Management and Budget, the Office of Legislative Fiscal Analyst, and the
4477     Division of Finance identifying:
4478          (a) each new agreement entered into by the office since the last report;
4479          (b) the estimated amount of new state revenues that will be generated under each
4480     agreement;
4481          (c) the estimated maximum amount of tax credits that a business entity, local
4482     government entity, or community reinvestment agency could qualify for under each agreement;
4483     and
4484          (d) the minimum number of new incremental jobs and high paying jobs that will be
4485     created before any tax credit is awarded.
4486          (3) At the reasonable request of the Governor's Office of Management and Budget, the
4487     Office of Legislative Fiscal Analyst, or the Division of Finance, the office shall provide
4488     additional information about the tax credit, new incremental jobs and high paying jobs, costs,
4489     and economic benefits related to this part, if the information is part of a public record as

4490     defined in Section 63G-2-103.
4491          (4) By June 30, the office shall submit to the Economic Development and Workforce
4492     Services Interim Committee, the Business, Economic Development, and Labor Appropriations
4493     Subcommittee, and the governor, a written report that provides an overview of the
4494     implementation and efficacy of the statewide economic development strategy, including an
4495     analysis of the extent to which the office's programs are aligned with the prevailing economic
4496     conditions expected in the next fiscal year.
4497          Section 96. Section 63N-2-203 is amended to read:
4498          63N-2-203. Powers of the office.
4499          The office shall:
4500          (1) monitor the implementation and operation of this part and conduct a continuing
4501     evaluation of the progress made in the enterprise zones;
4502          (2) evaluate an application for designation as an enterprise zone from a county
4503     applicant or a municipal applicant and determine if the applicant qualifies for that designation;
4504          (3) provide technical assistance to county applicants and municipal applicants in
4505     developing applications for designation as enterprise zones;
4506          (4) assist county applicants and municipal applicants designated as enterprise zones in
4507     obtaining assistance from the federal government and agencies of the state;
4508          (5) assist a qualified business entity in obtaining the benefits of an incentive or
4509     inducement program authorized by this part; and
4510          (6) as part of the annual written report described in Section [63N-1-301] 63N-1-306,
4511     prepare an annual evaluation that provides:
4512          (a) based on data from the State Tax Commission, the total amount of tax credits
4513     claimed under this part;
4514          (b) the total amount awarded in tax credits for each development zone;
4515          (c) the number of new full-time employee positions reported to obtain tax credits in
4516     each development zone;
4517          (d) the amount of tax credits awarded for rehabilitating a building in each development
4518     zone;
4519          (e) the amount of tax credits awarded for investing in a plant, equipment, or other
4520     depreciable property in each development zone; and

4521          (f) recommendations regarding the effectiveness of the program and any suggestions
4522     for legislation.
4523          Section 97. Section 63N-2-213 is amended to read:
4524          63N-2-213. State tax credits.
4525          (1) The office shall certify a business entity's eligibility for a tax credit described in this
4526     section.
4527          (2) A business entity seeking to receive a tax credit as provided in this section shall
4528     provide the office with:
4529          (a) an application for a tax credit certificate in a form approved by the office, including
4530     a certification, by an officer of the business entity, of a signature on the application; and
4531          (b) documentation that demonstrates the business entity has met the requirements to
4532     receive the tax credit.
4533          (3) If, after review of an application and documentation provided by a business entity
4534     as described in Subsection (2), the office determines that the application and documentation are
4535     inadequate to provide a reasonable justification for authorizing the tax credit, the office shall:
4536          (a) deny the tax credit; or
4537          (b) inform the business entity that the application or documentation was inadequate
4538     and ask the business entity to submit additional documentation.
4539          (4) If, after review of an application and documentation provided by a business entity
4540     as described in Subsection (2), the office determines that the application and documentation
4541     provide reasonable justification for authorizing a tax credit, the office shall:
4542          (a) determine the amount of the tax credit to be granted to the business entity;
4543          (b) issue a tax credit certificate to the business entity; and
4544          (c) provide a [duplicate copy] digital record of the tax credit certificate to the State Tax
4545     Commission.
4546          (5) A business entity may not claim a tax credit under this section unless the business
4547     entity has a tax credit certificate issued by the office.
4548          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4549     office shall make rules describing:
4550          (a) the form and content of an application for a tax credit under this section;
4551          (b) the documentation requirements for a business entity to receive a tax credit

4552     certificate under this section; and
4553          (c) administration of the program, including relevant timelines and deadlines.
4554          (7) Subject to the limitations of Subsections (8) through (10), and if the requirements
4555     of this part are met, the following nonrefundable tax credits against a tax under Title 59,
4556     Chapter 7, Corporate Franchise and Income Taxes, or Title 59, Chapter 10, Individual Income
4557     Tax Act, are applicable in an enterprise zone:
4558          (a) a tax credit of $750 may be claimed by a business entity for each new full-time
4559     employee position created within the enterprise zone;
4560          (b) an additional $500 tax credit may be claimed if the new full-time employee position
4561     created within the enterprise zone pays at least 125% of:
4562          (i) the county average monthly nonagricultural payroll wage for the respective industry
4563     as determined by the Department of Workforce Services; or
4564          (ii) if the county average monthly nonagricultural payroll wage is not available for the
4565     respective industry, the total average monthly nonagricultural payroll wage in the respective
4566     county where the enterprise zone is located;
4567          (c) an additional tax credit of $750 may be claimed if the new full-time employee
4568     position created within the enterprise zone is in a business entity that adds value to agricultural
4569     commodities through manufacturing or processing;
4570          (d) an additional tax credit of $200 may be claimed for each new full-time employee
4571     position created within the enterprise zone that is filled by an employee who is insured under
4572     an employer-sponsored health insurance program if the employer pays at least 50% of the
4573     premium cost for the year for which the credit is claimed;
4574          (e) a tax credit of 25% of the first $200,000 spent on rehabilitating a building in the
4575     enterprise zone that has been vacant for two years or more, including that the building has had
4576     or contained no occupants, tenants, furniture, or personal property for two years or more, in the
4577     time period immediately before the rehabilitation; and
4578          (f) an annual investment tax credit may be claimed in an amount equal to 5% of the first
4579     $750,000 qualifying investment in plant, equipment, or other depreciable property.
4580          (8) (a) Subject to the limitations of Subsection (8)(b), a business entity claiming a tax
4581     credit under Subsections (7)(a) through (d) may claim the tax credit for no more than 30
4582     full-time employee positions in a taxable year.

4583          (b) A business entity that received a tax credit for one or more new full-time employee
4584     positions under Subsections (7)(a) through (d) in a prior taxable year may claim a tax credit for
4585     a new full-time employee position in a subsequent taxable year under Subsections (7)(a)
4586     through (d) if:
4587          (i) the business entity has created a new full-time position within the enterprise zone;
4588     and
4589          (ii) the total number of employee positions at the business entity at any point during the
4590     tax year for which the tax credit is being claimed is greater than the highest number of
4591     employee positions that existed at the business entity in the previous taxable year.
4592          (c) Construction jobs are not eligible for the tax credits under Subsections (7)(a)
4593     through (d).
4594          (9) If the amount of a tax credit under this section exceeds a business entity's tax
4595     liability under this chapter for a taxable year, the business entity may carry forward the amount
4596     of the tax credit exceeding the liability for a period that does not exceed the next three taxable
4597     years.
4598          (10) Tax credits under Subsections (7)(a) through (f) may not be claimed by a business
4599     entity primarily engaged in retail trade, residential rental property, or by a public utilities
4600     business.
4601          (11) A business entity that has no employees:
4602          (a) may not claim tax credits under Subsections (7)(a) through (d); and
4603          (b) may claim tax credits under Subsections (7)(e) through (f).
4604          (12) (a) A business entity may not claim or carry forward a tax credit available under
4605     this part for a taxable year during which the business entity has claimed the targeted business
4606     income tax credit available under Section 63N-2-304.
4607          (b) A business entity may not claim or carry forward a tax credit available under this
4608     section for a taxable year during which the business entity claims or carries forward a tax credit
4609     available under Section 59-7-610 or 59-10-1007.
4610          (13) (a) On or before November 30, 2018, and every three years after 2018, the
4611     Revenue and Taxation Interim Committee shall review the tax credits provided by this section
4612     and make recommendations concerning whether the tax credits should be continued, modified,
4613     or repealed.

4614          (b) In conducting the review required by Subsection (13)(a), the Revenue and Taxation
4615     Interim Committee shall:
4616          (i) schedule time on at least one committee agenda to conduct the review;
4617          (ii) invite state agencies, individuals, and organizations concerned with the credits
4618     under review to provide testimony;
4619          (iii) ensure that the recommendations described in this section include an evaluation of:
4620          (A) the cost of the tax credits to the state;
4621          (B) the purpose and effectiveness of the tax credits; and
4622          (C) the extent to which the state benefits from the tax credits; and
4623          (iv) undertake other review efforts as determined by the chairs of the Revenue and
4624     Taxation Interim Committee.
4625          Section 98. Section 63N-2-303 is amended to read:
4626          63N-2-303. Duties of the office.
4627          The office shall:
4628          (1) monitor the implementation and operation of this part and conduct a continuing
4629     evaluation of the effectiveness of the targeted business income tax credit in bringing significant
4630     new employment and significant new capital development to rural communities;
4631          (2) determine a business entity's eligibility for a targeted business income tax credit
4632     award;
4633          (3) ensure that tax credits are only awarded under this part to a business applicant that
4634     has satisfied performance benchmarks as determined by the office;
4635          (4) ensure that the amount of targeted business income tax credit awarded to a business
4636     applicant through a targeted business income tax credit eligibility certificate is no more than
4637     $100,000 for the business applicant's taxable year;
4638          (5) ensure that the aggregate amount of targeted business income tax credits awarded to
4639     business applicants through targeted business income tax credit eligibility certificates is no
4640     more than $300,000 for each fiscal year;
4641          (6) as part of the annual written report described in Section [63N-1-301] 63N-1a-306,
4642     prepare an annual evaluation that provides:
4643          (a) the identity of each business applicant that was provided a targeted business income
4644     tax credit eligibility certificate by the office during the year of the annual report; and

4645          (b) the total amount awarded in targeted business income tax credit for each
4646     development zone; and
4647          (7) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
4648     in accordance with the provisions of this part, make rules regarding:
4649          (a) the determination of what constitutes:
4650          (i) significant new employment;
4651          (ii) significant new capital development; and
4652          (iii) a community investment project;
4653          (b) the form and content of an application for a targeted business income tax credit
4654     eligibility certificate under this part;
4655          (c) documentation or other requirements for a business applicant to receive a targeted
4656     business income tax credit eligibility certificate under this part; and
4657          (d) administration of targeted business income tax credit awards and the issuing of
4658     targeted business income tax credit eligibility certificates, including relevant timelines and
4659     deadlines.
4660          Section 99. Section 63N-2-503 is amended to read:
4661          63N-2-503. Agreement for development of new convention hotel -- Convention
4662     incentive authorized -- Agreement requirements.
4663          (1) The office, with the board's advice, may enter into an agreement with a qualified
4664     hotel owner or a host local government:
4665          (a) for the development of a qualified hotel; and
4666          (b) to authorize a convention incentive:
4667          (i) to the qualified hotel owner or host local government, but not both;
4668          (ii) for a period not to exceed the eligibility period;
4669          (iii) in the amount of new tax revenue, subject to Subsection (2) and notwithstanding
4670     any other restriction provided by law;
4671          (iv) if:
4672          (A) the county in which the qualified hotel is proposed to be located has issued an
4673     endorsement letter endorsing the qualified hotel owner; and
4674          (B) all applicable requirements of this part and the agreement are met; and
4675          (v) that is reduced by $1,900,000 per year during the first two years of the eligibility

4676     period, as described in Subsection (2)(c).
4677          (2) An agreement under Subsection (1) shall:
4678          (a) specify the requirements for the qualified hotel owner or host local government to
4679     qualify for a convention incentive;
4680          (b) require compliance with the terms of the endorsement letter issued by the county in
4681     which the qualified hotel is proposed to be located;
4682          (c) require the amount of certified claims for the first two years of the eligibility period
4683     to be reduced by $1,900,000 per year;
4684          (d) with respect to the state portion of the convention incentive:
4685          (i) specify the maximum dollar amount that the qualified hotel owner or host local
4686     government may receive, subject to a maximum of:
4687          (A) for any calendar year, the amount of the state portion in that calendar year; and
4688          (B) $75,000,000 in the aggregate for the qualified hotel owner or host local
4689     government during an eligibility period, calculated as though the two $1,900,000 reductions of
4690     the [tax credit] convention incentive amount under Subsection (1)(b)(iv) had not occurred; and
4691          (ii) specify the maximum percentage of the state portion that may be used in
4692     calculating the portion of the convention incentive that the qualified hotel owner or host local
4693     government may receive during the eligibility period for each calendar year and in the
4694     aggregate;
4695          (e) establish a shorter period of time than the period described in Subsection
4696     63N-2-502(10)(a) during which the qualified hotel owner or host local government may claim
4697     the convention incentive or that the host agency may be paid incremental property tax revenue,
4698     if the office and qualified hotel owner or host local government agree to a shorter period of
4699     time;
4700          (f) require the qualified hotel owner to retain books and records supporting a claim for
4701     the convention incentive as required by Section 59-1-1406;
4702          (g) allow the transfer of the agreement to a third party if the third party assumes all
4703     liabilities and responsibilities in the agreement;
4704          (h) limit the expenditure of funds received under the convention incentive as provided
4705     in Section 63N-2-512; and
4706          (i) require the qualified hotel owner or host local government to submit to any audit

4707     and to provide any audit level [attestation] review or other level of review the office considers
4708     appropriate for verification of any claim.
4709          (3) Notwithstanding any other provision of law, a county or city in which a qualified
4710     hotel is located may contribute property to the qualified hotel owner or host local government
4711     without consideration, to be used as provided in Subsection 63N-2-508(3)(a).
4712          Section 100. Section 63N-2-504 is amended to read:
4713          63N-2-504. Independent review committee.
4714          (1) In accordance with rules adopted by the office under Section 63N-2-509, the
4715     [board] GO Utah board shall establish a separate, independent review committee to provide
4716     recommendations to the office regarding the terms and conditions of an agreement and to
4717     consult with the office as provided in this part or in rule.
4718          (2) The review committee shall consist of:
4719          (a) one member appointed by the executive director to represent the office;
4720          (b) two members appointed by the mayor or chief executive of the county in which the
4721     qualified hotel is located or proposed to be located;
4722          (c) two members appointed by:
4723          (i) the mayor of the municipality in which the qualified hotel is located or proposed to
4724     be located, if the qualified hotel is located or proposed to be located within the boundary of a
4725     municipality; or
4726          (ii) the mayor or chief executive of the county in which the qualified hotel is located or
4727     proposed to be located, in addition to the two members appointed under Subsection (2)(b), if
4728     the qualified hotel is located or proposed to be located outside the boundary of a municipality;
4729          (d) an individual representing the hotel industry, appointed by the Utah Hotel and
4730     Lodging Association;
4731          (e) an individual representing the commercial development and construction industry,
4732     appointed by the president or chief executive officer of the local chamber of commerce;
4733          (f) an individual representing the convention and meeting planners industry, appointed
4734     by the president or chief executive officer of the local convention and visitors bureau; and
4735          (g) one member appointed by the [board] GO Utah board.
4736          (3) (a) A member serves an indeterminate term and may be removed from the review
4737     committee by the appointing authority at any time.

4738          (b) A vacancy may be filled in the same manner as an appointment under Subsection
4739     (2).
4740          (4) A member of the review committee may not be paid for serving on the review
4741     committee and may not receive per diem or expense reimbursement.
4742          (5) The office shall provide any necessary staff support to the review committee.
4743          Section 101. Section 63N-2-510 is amended to read:
4744          63N-2-510. Report by office -- Posting of report.
4745          (1) The office shall include the following information in the office's annual written
4746     report described in Section [63N-1-301] 63N-1a-306:
4747          (a) the state's success in attracting new conventions and corresponding new state
4748     revenue;
4749          (b) the estimated amount of convention incentive commitments and the associated
4750     calculation made by the office and the period of time over which convention incentives are
4751     expected to be paid;
4752          (c) the economic impact on the state related to generating new state revenue and
4753     providing convention incentives; and
4754          (d) the estimated and actual costs and economic benefits of the convention incentive
4755     commitments that the office made.
4756          (2) Upon the commencement of the construction of a qualified hotel, the office shall
4757     send a written notice to the Division of Finance:
4758          (a) referring to the two annual deposits required under Subsection 59-12-103(11); and
4759          (b) notifying the Division of Finance that construction on the qualified hotel has begun.
4760          Section 102. Section 63N-2-512 is amended to read:
4761          63N-2-512. Hotel Impact Mitigation Fund.
4762          (1) As used in this section:
4763          (a) "Affected hotel" means a hotel built in the state before July 1, 2014.
4764          (b) "Direct losses" means affected hotels' losses of hotel guest business attributable to
4765     the qualified hotel room supply being added to the market in the state.
4766          (c) "Mitigation fund" means the Hotel Impact Mitigation Fund, created in Subsection
4767     (2).
4768          (2) There is created an expendable special revenue fund known as the Hotel Impact

4769     Mitigation Fund.
4770          (3) The mitigation fund shall:
4771          (a) be administered by the [board] GO Utah board;
4772          (b) earn interest; and
4773          (c) be funded by:
4774          (i) payments required to be deposited into the mitigation fund by the Division of
4775     Finance under Subsection 59-12-103(11);
4776          (ii) money required to be deposited into the mitigation fund under Subsection
4777     17-31-9(2) by the county in which a qualified hotel is located; and
4778          (iii) any money deposited into the mitigation fund under Subsection (6).
4779          (4) Interest earned by the mitigation fund shall be deposited into the mitigation fund.
4780          (5) (a) In accordance with office rules, the [board] GO Utah board shall annually pay
4781     up to $2,100,000 of money in the mitigation fund:
4782          (i) to affected hotels;
4783          (ii) for four consecutive years, beginning 12 months after the date of initial occupancy
4784     of the qualified hotel occurs; and
4785          (iii) to mitigate direct losses.
4786          (b) (i) If the amount the [board] GO Utah board pays under Subsection (5)(a) in any
4787     year is less than $2,100,000, the [board] GO Utah board shall pay to the Stay Another Day and
4788     Bounce Back Fund, created in Section 63N-2-511, the difference between $2,100,000 and the
4789     amount paid under Subsection (5)(a).
4790          (ii) The [board] GO Utah board shall make any required payment under Subsection
4791     (5)(b)(i) within 90 days after the end of the year for which a determination is made of how
4792     much the [board] GO Utah board is required to pay to affected hotels under Subsection (5)(a).
4793          (6) A host local government or qualified hotel owner may make payments to the
4794     Division of Finance for deposit into the mitigation fund.
4795          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4796     office shall, in consultation with the Utah Hotel and Lodging Association and the county in
4797     which the qualified hotel is located, make rules establishing procedures and criteria governing
4798     payments under Subsection (5)(a) to affected hotels.
4799          Section 103. Section 63N-2-808 is amended to read:

4800          63N-2-808. Agreements between office and tax credit applicant and life science
4801     establishment -- Tax credit certificate.
4802          (1) (a) The office, with advice from the [board] GO Utah board, may enter into an
4803     agreement to grant a tax credit certificate to a tax credit applicant selected in accordance with
4804     this part, if the tax credit applicant meets the conditions established in the agreement and under
4805     this part.
4806          (b) The agreement described in Subsection (1)(a) shall:
4807          (i) detail the requirements that the tax credit applicant shall meet prior to receiving a
4808     tax credit certificate;
4809          (ii) require the tax credit certificate recipient to retain records supporting a claim for a
4810     tax credit for at least four years after the tax credit certificate recipient claims a tax credit under
4811     this part; and
4812          (iii) require the tax credit certificate recipient to submit to audits for verification of the
4813     tax credit claimed, including audits by the office and by the State Tax Commission.
4814          (2) (a) The office, with advice from the [board] GO Utah board, shall enter into an
4815     agreement with the life science establishment in which the tax credit applicant invested for
4816     purposes of claiming a tax credit.
4817          (b) The agreement described in Subsection (2)(a):
4818          (i) shall provide the office with a document that expressly and directly authorizes the
4819     State Tax Commission to disclose to the office the life science establishment's tax returns and
4820     other information that would otherwise be subject to confidentiality under Section 59-1-403 or
4821     Section 6103, Internal Revenue Code;
4822          (ii) shall authorize the Department of Workforce Services to disclose to the office the
4823     employment data that the life science establishment submits to the Department of Workforce
4824     Services;
4825          (iii) shall require the life science establishment to provide the office with the life
4826     science establishment's current capitalization tables; and
4827          (iv) may require the life science establishment to provide the office with other data
4828     that:
4829          (A) ensure compliance with the requirements of this chapter; and
4830          (B) demonstrate the economic impact of the tax credit applicant's investment in the life

4831     science establishment.
4832          Section 104. Section 63N-2-810 is amended to read:
4833          63N-2-810. Reports on tax credit certificates.
4834          The office shall include the following information in the annual written report described
4835     in Section [63N-1-301] 63N-4-106:
4836          (1) the total amount listed on tax credit certificates the office issues under this part;
4837          (2) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
4838     credit applicants under this part; and
4839          (3) the economic impact on the state related to providing tax credits under this part.
4840          Section 105. Section 63N-3-102 is amended to read:
4841          63N-3-102. Definitions.
4842          As used in this part:
4843          (1) "Administrator" means the executive director or the executive director's designee.
4844          [(2) "Best available control technology" means a pollution control method that is
4845     approved by the United States Environmental Protection Agency or the Department of
4846     Environmental Quality to control a certain pollutant type to a specified degree.]
4847          [(3) "Company creating an economic impediment" means a company that discourages
4848     economic development within a reasonable radius of its location because of:]
4849          [(a) odors;]
4850          [(b) noise;]
4851          [(c) pollution;]
4852          [(d) health hazards; or]
4853          [(e) other activities similar to those described in Subsections (3)(a) through (d).]
4854          [(4)] (2) "Economic opportunities" means unique business situations or community
4855     circumstances, including the development of recreation infrastructure and the promotion of the
4856     high tech sector in the state, which lend themselves to the furtherance of the economic interests
4857     of the state by providing a catalyst or stimulus to the growth or retention, or both, of commerce
4858     and industry in the state, including retention of companies whose relocation outside the state
4859     would have a significant detrimental economic impact on the state as a whole, regions of the
4860     state, or specific components of the state as determined by the [board] GO Utah board.
4861          [(5) "Economically disadvantaged rural area" means a geographic area designated by

4862     the board under Section 63N-3-111.]
4863          [(6) "Nonattainment area" means a part of the state where air quality is determined to
4864     exceed the National Ambient Air Quality Standards, as defined in the Clean Air Act
4865     Amendments of 1970, Pub. L. No. 91-604, Sec. 109, for fine particulate matter (PM 2.5).]
4866          [(7) "Replacement company" means a company locating its business or part of its
4867     business in a location vacated by a company creating an economic impediment.]
4868          [(8)] (3) "Restricted Account" means the restricted account known as the Industrial
4869     Assistance Account created in Section 63N-3-103.
4870          [(9)] (4) "Targeted industry" means an industry or group of industries targeted by the
4871     [board] GO Utah board under Section 63N-3-111, for economic development in the state.
4872          (5) "Talent development grant" means a grant awarded under Section 63N-3-112.
4873          Section 106. Section 63N-3-103 is amended to read:
4874          63N-3-103. Industrial Assistance Account created -- Uses -- Administrator duties
4875     -- Costs.
4876          (1) There is created a restricted account within the General Fund known as the
4877     "Industrial Assistance Account" [of which annually:].
4878          [(a) up to 50% of the unencumbered money in the account may be used in
4879     economically disadvantaged rural areas; and]
4880          [(b) up to the greater of $250,000 or 25% of the unencumbered money in the account
4881     may be used to take timely advantage of economic opportunities as they arise.]
4882          (2) The administrator shall administer the restricted account [created under Subsection
4883     (1) under the policy direction of the board].
4884          (3) The administrator may hire appropriate support staff to perform the duties required
4885     under this section.
4886          (4) The cost of administering the restricted account shall be paid from money in the
4887     restricted account.
4888          (5) Interest accrued from investment of money in the restricted account shall remain in
4889     the restricted account.
4890          (6) The office shall review the activities and progress of grant recipients under this
4891     chapter on a regular basis and, as part of the office's annual written report described in Section
4892     [63N-1-301] 63N-1a-306, report on the economic impact of activities funded by [the grants]

4893     each grant.
4894          Section 107. Section 63N-3-105 is amended to read:
4895          63N-3-105. Qualification for assistance.
4896          (1) (a) Except as provided in [Section 63N-3-108, 63N-3-109, or 63N-3-109.5,]
4897     Section 63N-3-109, the administrator shall determine which industries, companies, and
4898     individuals qualify to receive money from the Industrial Assistance Account.
4899          (b) Except as provided by Subsection (2), to qualify for financial assistance from the
4900     restricted account, an applicant shall:
4901          [(a)] (i) demonstrate to the satisfaction of the administrator that the applicant will
4902     expend funds in [Utah] the state with employees, vendors, subcontractors, or other businesses
4903     in an amount proportional with money provided from the restricted account at a minimum ratio
4904     of [2 to 1] one to one per year or other more stringent requirements as established [from time to
4905     time by the board for a minimum period of five years beginning with the date the loan or grant
4906     was approved] on a per project basis by the administrator;
4907          [(b)] (ii) demonstrate to the satisfaction of the administrator the applicant's ability to
4908     sustain economic activity in the state sufficient to repay, by means of cash or appropriate
4909     credits, the loan provided by the restricted account; and
4910          [(c)] (iii) satisfy other criteria the administrator considers appropriate.
4911          (2) (a) The administrator may exempt an applicant from the requirements of Subsection
4912     (1)(a) or (b) if:
4913          [(i) the financial assistance is provided to an applicant for the purpose of locating all or
4914     any portion of its operations to an economically disadvantaged rural area;]
4915          [(ii)] (i) the applicant is part of a targeted industry;
4916          [(iii)] (ii) the applicant is a quasi-public corporation organized under Title 16, Chapter
4917     6a, Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent
4918     Corporations Act, and its operations, as demonstrated to the satisfaction of the administrator,
4919     will provide significant economic stimulus to the growth of commerce and industry in the state;
4920     or
4921          [(iv)] (iii) the applicant is an entity offering an economic opportunity under Section
4922     63N-3-109.
4923          (b) The administrator may not exempt the applicant from the requirement under

4924     Subsection 63N-3-106(2)(b) that the loan be structured so that the repayment or return to the
4925     state equals at least the amount of the assistance together with an annual interest charge.
4926          (3) The administrator shall:
4927          (a) for applicants not described in Subsection (2)(a):
4928          (i) make findings as to whether or not each applicant has satisfied each of the
4929     conditions set forth in Subsection (1); and
4930          (ii) monitor the continued compliance by each applicant with each of the conditions set
4931     forth in Subsection (1) for five years;
4932          [(b) for applicants described in Subsection (2)(a), make findings as to whether the
4933     economic activities of each applicant has resulted in the creation of new jobs on a per capita
4934     basis in the economically disadvantaged rural area or targeted industry in which the applicant is
4935     located;]
4936          [(c)] (b) monitor the compliance by each applicant with the provisions of any contract
4937     or agreement entered into between the applicant and the state as provided in Section
4938     63N-3-107; and
4939          [(d)] (c) make funding decisions based upon appropriate findings and compliance.
4940          Section 108. Section 63N-3-106 is amended to read:
4941          63N-3-106. Loans, grants, and assistance -- Repayment -- Earned credits.
4942          (1) (a) A company that qualifies under Section 63N-3-105 may receive loans, grants, or
4943     other financial assistance from the Industrial Assistance Account for expenses related to
4944     establishment, relocation, or development of industry in Utah.
4945          [(b) A company creating an economic impediment that qualifies under Section
4946     63N-3-108 may in accordance with this part receive loans, grants, or other financial assistance
4947     from the restricted account for the expenses of the company creating an economic impediment
4948     related to:]
4949          [(i) relocation to a rural area in Utah of the company creating an economic
4950     impediment; and]
4951          [(ii) the siting of a replacement company.]
4952          [(c)] (b) An entity offering an economic opportunity that qualifies under Section
4953     63N-3-109 may:
4954          (i) receive loans, grants, or other financial assistance from the restricted account for

4955     expenses related to the establishment, relocation, retention, or development of industry in the
4956     state; and
4957          (ii) include infrastructure or other economic development precursor activities that act
4958     as a catalyst and stimulus for economic activity likely to lead to the maintenance or
4959     enlargement of the state's tax base.
4960          [(d) An entity located in a nonattainment area that qualifies for assistance under
4961     Section 63N-3-109.5 may receive loans, grants, or other financial assistance from the restricted
4962     account for expenses related to the purchase and installation of best available control
4963     technology for air quality, including related financing and interest costs at the discretion of the
4964     administrator.]
4965          (2) (a) Subject to Subsection (2)(b), the administrator has authority to determine the
4966     structure, amount, and nature of any loan, grant, or other financial assistance from the restricted
4967     account.
4968          (b) Loans made under Subsection (2)(a) shall be structured so the intended repayment
4969     or return to the state, including cash or credit, equals at least the amount of the assistance
4970     together with an annual interest charge as negotiated by the administrator.
4971          (c) Payments resulting from grants awarded from the restricted account shall be made
4972     only after the administrator has determined that the company has satisfied the conditions upon
4973     which the payment or earned credit was based.
4974          (3) (a) (i) Except as provided in Subsection (3)(b), the administrator may provide for a
4975     system of earned credits that may be used to support grant payments or in lieu of cash
4976     repayment of a restricted account loan obligation.
4977          (ii) The value of the credits described in Subsection (3)(a)(i) shall be based on factors
4978     determined by the administrator, including:
4979          (A) the number of Utah jobs created;
4980          (B) the increased economic activity in Utah; or
4981          (C) other events and activities that occur as a result of the restricted account assistance.
4982          (b) (i) The administrator shall provide for a system of credits to be used to support
4983     grant payments or in lieu of cash repayment of a restricted account loan when loans are made to
4984     a company creating an economic impediment.
4985          (ii) The value of the credits described in Subsection (3)(b)(i) shall be based on factors

4986     determined by the administrator, including:
4987          (A) the number of Utah jobs created;
4988          (B) the increased economic activity in Utah; or
4989          (C) other events and activities that occur as a result of the restricted account assistance.
4990          (4) (a) A cash loan repayment or other cash recovery from a company receiving
4991     assistance under this section, including interest, shall be deposited into the restricted account.
4992          (b) The administrator and the Division of Finance shall determine the manner of
4993     recognizing and accounting for the earned credits used in lieu of loan repayments or to support
4994     grant payments as provided in Subsection (3).
4995          (5) (a) (i) At the end of each fiscal year, the Division of Finance shall set aside the
4996     balance of the General Fund revenue surplus as defined in Section 63J-1-312 after the transfers
4997     of General Fund revenue surplus described in Subsection (5)(b) to the Industrial Assistance
4998     Account in an amount equal to any credit that has accrued under this part.
4999          (ii) The set aside under Subsection (5)(a)(i) shall be capped at $50,000,000, at which
5000     time no subsequent contributions may be made and any interest accrued above the $50,000,000
5001     cap shall be deposited into the General Fund.
5002          (b) The set aside required by Subsection (5)(a) shall be made after the transfer of
5003     surplus General Fund revenue surplus is made:
5004          (i) to the Medicaid Growth Reduction and Budget Stabilization Restricted Account, as
5005     provided in Section 63J-1-315;
5006          (ii) to the General Fund Budget Reserve Account, as provided in Section 63J-1-312;
5007     and
5008          (iii) to the Wildland Fire Suppression Fund or State Disaster Recovery Restricted
5009     Account, as provided in Section 63J-1-314.
5010          (c) These credit amounts may not be used for purposes of the restricted account as
5011     provided in this part until appropriated by the Legislature.
5012          Section 109. Section 63N-3-109 is amended to read:
5013          63N-3-109. Financial assistance to entities offering economic opportunities.
5014          (1) Subject to the duties and powers of the [board under Section 63N-1-402] GO Utah
5015     board under Section 63N-1b-202, the administrator may provide money from the Industrial
5016     Assistance Account to an entity offering an economic opportunity if that entity:

5017          (a) applies to the administrator in a form approved by the administrator; and
5018          (b) meets the qualifications of Subsection (2).
5019          (2) As part of an application for receiving money under this section, an applicant shall:
5020          (a) demonstrate to the satisfaction of the administrator the nature of the economic
5021     opportunity and the related benefit to the economic well-being of the state by providing
5022     evidence documenting the logical and compelling linkage, either direct or indirect, between the
5023     expenditure of money necessitated by the economic opportunity and the likelihood that the
5024     state's tax base, regions of the state's tax base, or specific components of the state's tax base
5025     will not be reduced but will be maintained or enlarged;
5026          (b) demonstrate how the funding request will act in concert with other state, federal, or
5027     local agencies to achieve the economic benefit;
5028          (c) demonstrate how the funding request will act in concert with free market principles;
5029     and
5030          (d) satisfy other criteria the administrator considers appropriate[;].
5031          [(e) if the applicant meets the requirements of Subsection (2)(f)(i):]
5032          [(i) demonstrate that the funding request will be used primarily to reimburse an
5033     applicant for expenses related to a program of marketing and branding for an annual conference
5034     or festival with at least 10,000 attendees that is held on or after January 1, 2019; and]
5035          [(ii) demonstrate that an annual conference or festival described in Subsection (2)(f)(i)
5036     has met post-performance requirements designated by the administrator, in coordination with
5037     the organizer of an annual conference or festival, which shall include metrics and reporting
5038     requirements related to:]
5039          [(A) attendance;]
5040          [(B) revenue;]
5041          [(C) expenses;]
5042          [(D) economic impact to the state;]
5043          [(E) sponsorships; and]
5044          [(F) conference or festival objectives; and]
5045          [(f) be either:]
5046          [(i) an entity whose purpose is to exclusively or substantially promote, develop, or
5047     maintain the economic welfare and prosperity of the state as a whole, regions of the state, or

5048     specific components of the state, including an entity that hosts an annual conference or festival
5049     with at least 10,000 attendees; or]
5050          [(ii) a company or individual that meets the requirements of Subsections (2)(a) through
5051     (d) but does not otherwise qualify under Section 63N-3-105.]
5052          (3) [Subject to the duties and powers of the board under Section 63N-1-402] Before
5053     awarding any money under this section, the administrator shall:
5054          (a) make findings as to whether an applicant has satisfied [each of the conditions
5055     described in] the requirements of Subsection (2);
5056          (b) establish benchmarks and timeframes in which progress toward the completion of
5057     the agreed upon activity is to occur;
5058          (c) monitor compliance by an applicant with any contract or agreement entered into by
5059     the applicant and the state as provided by Section 63N-3-107; and
5060          (d) make funding decisions based upon appropriate findings and compliance[; and].
5061          [(e) in cooperation with each entity that has received money from the Industrial
5062     Assistance Account in accordance with Subsection (2)(e), provide a written report on or before
5063     October 1 of each year describing the total amount of money provided by the state for each
5064     annual conference or festival during the year and the total cost from all sources of holding each
5065     annual conference or festival during the year to the:]
5066          [(i) office for inclusion in the office's annual report described in Section 63N-1-301;
5067     and]
5068          [(ii) Economic Development and Workforce Services Interim Committee.]
5069          Section 110. Section 63N-3-111 is amended to read:
5070          63N-3-111. Annual policy considerations.
5071          (1) (a) The [board] GO Utah board shall determine annually which industries or groups
5072     of industries shall be targeted industries as defined in Section 63N-3-102.
5073          (b) The office shall make recommendations to state and federal agencies, local
5074     governments, the governor, and the Legislature regarding policies and initiatives that promote
5075     the economic development of targeted industries.
5076          (c) The office may create one or more voluntary advisory committees that may include
5077     public and private stakeholders to solicit input on policy guidance and best practices in
5078     encouraging the economic development of targeted industries.

5079          [(2) In designating an economically disadvantaged rural area, the board shall consider
5080     the average agricultural and nonagricultural wage, personal income, unemployment, and
5081     employment in the area.]
5082          [(3)] (2) In evaluating the economic impact of applications for assistance, the [board]
5083     GO Utah board shall use an econometric cost-benefit model [or models adopted by the
5084     Governor's Office of Management and Budget].
5085          [(4)] (3) The [board] GO Utah board may establish:
5086          (a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
5087     return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
5088     Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
5089     such as the rate of unemployment; and
5090          (b) minimum applicant expense ratios, as long as they are at least equal to those
5091     required under Subsection 63N-3-105(1)[(a)](b) [or 63N-3-108(1)(b)(i)(A)].
5092          Section 111. Section 63N-3-112 is enacted to read:
5093          63N-3-112. Talent development grants.
5094          (1) A for-profit business that is creating new incremental high paying jobs in the state,
5095     may apply to receive a talent development grant from the restricted account.
5096          (2) In accordance with the provisions of this section and in consultation with the board,
5097     the administrator may award up to $10,000 per new job created.
5098          (3) The administrator shall designate an application process for a business to apply for
5099     the grant.
5100          (4) A business may apply to receive a grant only after each employee has been
5101     employed at qualifying wage levels for at least 12 consecutive months;
5102          (5) Money granted for a talent development grant under this section shall be deducted
5103     from any other money or incentive awarded by the office to the business.
5104          (6) Grants awarded under this section are only to reimburse a business for the costs
5105     incurred to recruit, hire, train, and otherwise employ an employee in a newly created job.
5106          (7) A business shall submit a hiring and training plan detailing what the grant money
5107     will be used for as part of the application process.
5108          (8) The administrator may only grant an award up to an amount that is no more than
5109     25% of the estimated costs to be incurred by the business for the costs in the hiring and training

5110     plan.
5111           Section 112. Section 63N-3-204 is amended to read:
5112          63N-3-204. Administration -- Grants and loans.
5113          (1) The office shall administer this part.
5114          (2) (a) (i) The office may award Technology Commercialization and Innovation
5115     Program grants or issue loans under this part to an applicant that is:
5116          (A) an institution of higher education;
5117          (B) a licensee; or
5118          (C) a small business.
5119          (ii) If loans are issued under Subsection (2)(a)(i), the Division of Finance may set up a
5120     fund or account as necessary for the proper accounting of the loans.
5121          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5122     office shall make rules for a process to determine whether an institution of higher education
5123     that receives a grant under this part must return the grant proceeds or a portion of the grant
5124     proceeds if the technology that is developed with the grant proceeds is licensed to a licensee
5125     that:
5126          (i) does not maintain a manufacturing or service location in the state from which the
5127     licensee or a sublicensee exploits the technology; or
5128          (ii) initially maintains a manufacturing or service location in the state from which the
5129     licensee or a sublicensee exploits the technology, but within five years after issuance of the
5130     license the licensee or sublicensee transfers the manufacturing or service location for the
5131     technology to a location out of the state.
5132          (c) A repayment by an institution of higher education of grant proceeds or a portion of
5133     the grant proceeds may only come from the proceeds of the license established between the
5134     licensee and the institution of higher education.
5135          (d) (i) An applicant that is a licensee or small business that receives a grant under this
5136     part shall return the grant proceeds or a portion of the grant proceeds to the office if the
5137     applicant:
5138          (A) does not maintain a manufacturing or service location in the state from which the
5139     applicant exploits the technology; or
5140          (B) initially maintains a manufacturing or service location in the state from which the

5141     applicant exploits the technology, but within five years after issuance of the grant, the applicant
5142     transfers the manufacturing or service location for the technology to an out-of-state location.
5143          (ii) A repayment by an applicant shall be prorated based on the number of full years the
5144     applicant operated in the state from the date of the awarded grant.
5145          (iii) A repayment by a licensee that receives a grant may only come from the proceeds
5146     of the license to that licensee.
5147          (3) (a) Funding allocations shall be made by the office with the advice of the [board]
5148     GO Utah board.
5149          (b) Each proposal shall receive the best available outside review.
5150          (4) (a) In considering each proposal, the office shall weigh technical merit, the level of
5151     matching funds from private and federal sources, and the potential for job creation and
5152     economic development.
5153          (b) Proposals or consortia that combine and coordinate related research at two or more
5154     institutions of higher education shall be encouraged.
5155          (5) The office shall review the activities and progress of grant recipients on a regular
5156     basis and, as part of the office's annual written report described in Section [63N-1-301]
5157     63N-1a-306, report on the accomplishments and direction of the Technology
5158     Commercialization and Innovation Program.
5159          (6) (a) On or before August 1, 2018, the office shall provide a written analysis and
5160     recommendations concerning the usefulness of the Technology Commercialization and
5161     Innovation Program described in this part, including whether:
5162          (i) the program is beneficial to the state and should continue; and
5163          (ii) other office programs or programs in other agencies could provide similar benefits
5164     to the state more effectively or at a lower cost.
5165          (b) The written analysis and recommendations described in this Subsection (6) shall be
5166     provided to:
5167          (i) the Business, Economic Development, and Labor Appropriations Subcommittee;
5168          (ii) the Economic Development and Workforce Services Interim Committee;
5169          (iii) the Business and Labor Interim Committee; and
5170          (iv) the governor.
5171          Section 113. Section 63N-4-101 is amended to read:

5172     
Part 1. Center for Rural Development

5173          63N-4-101. Title -- Definitions.
5174          (1) This chapter is known as the "Rural Development Act."
5175          [(2) This part is known as the "Office of Rural Development."]
5176          [(3) As used in this part:]
5177          [(a) "Office" or "GOED" means the Governor's Office of Economic Development.]
5178          [(b) "Program" means the Rural Development Program.]
5179          (2) As used in this part, "program" means the Rural Development Program created in
5180     Section 63N-4-102.
5181          Section 114. Section 63N-4-102 is amended to read:
5182          63N-4-102. Rural Development Program -- Supervision by office.
5183          (1) There is created within the [Governor's Office of Economic Development] office
5184     the [Office of] Center for Rural Development.
5185          (2) The [Office of] Center for Rural Development is under the administration and
5186     general supervision of the [Governor's Office of Economic Development] office.
5187          Section 115. Section 63N-4-103 is amended to read:
5188          63N-4-103. Purpose of the Center for Rural Development.
5189          The [Office of] Center for Rural Development is established to:
5190          (1) foster and support economic development programs and activities for the benefit of
5191     rural counties and communities;
5192          (2) foster and support community, county, and resource management planning
5193     programs and activities for the benefit of rural counties and communities;
5194          (3) foster and support leadership training programs and activities for the benefit of:
5195          (a) rural leaders in both the public and private sectors;
5196          (b) economic development and planning personnel; and
5197          (c) rural government officials;
5198          (4) foster and support efforts to coordinate and focus the technical and other resources
5199     of appropriate institutions of higher education, local governments, private sector interests,
5200     associations, nonprofit organizations, federal agencies, and others, in ways that address the
5201     economic development, planning, and leadership challenges [and priorities of rural Utah as
5202     identified in the strategic plan required under Subsection 63C-10-103(1)(b)];

5203          (5) work to enhance the capacity of GOED to address rural economic development,
5204     planning, and leadership training challenges and opportunities by establishing partnerships and
5205     positive working relationships with appropriate public and private sector entities, individuals,
5206     and institutions; and
5207          (6) foster government-to-government collaboration and good working relations
5208     between state and rural government regarding economic development and planning issues.
5209          Section 116. Section 63N-4-104 is amended to read:
5210          63N-4-104. Duties.
5211          (1) The [Office of] Center for Rural Development shall:
5212          [(a) provide staff support to the Governor's Rural Partnership Board in accordance with
5213     Subsection 63C-10-102(6);]
5214          [(b) facilitate within GOED the implementation of the strategic plan prepared under
5215     Subsection 63C-10-103(1)(b);]
5216          [(c)] (a) work to enhance the capacity of [GOED] the office to address rural economic
5217     development, planning, and leadership training challenges and opportunities by establishing
5218     partnerships and positive working relationships with appropriate public and private sector
5219     entities, individuals, and institutions;
5220          [(d)] (b) work with the [Governor's Rural Partnership Board] GO Utah board to
5221     coordinate and focus available resources in ways that address the economic development,
5222     planning, and leadership training challenges and priorities in rural Utah;
5223          [(e)] (c) assist [the Governor's Rural Partnership Board] in administering the Rural
5224     County Grant Program created in Section 17-54-103, including, as described in Subsection
5225     17-54-103(10), compiling reported information regarding the program for inclusion in
5226     [GOED's] the office's annual written report described in Section [63N-1-301] 63N-1a-306; and
5227          [(f)] (d) in accordance with economic development and planning policies set by state
5228     government, coordinate relations between:
5229          (i) the state;
5230          (ii) rural governments;
5231          (iii) other public and private groups engaged in rural economic planning and
5232     development; and
5233          (iv) federal agencies.

5234          (2) (a) The [Office of] Center for Rural Development may:
5235          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5236     make rules necessary to carry out its duties;
5237          (ii) accept gifts, grants, devises, and property, in cash or in kind, for the benefit of rural
5238     Utah citizens; and
5239          (iii) use those gifts, grants, devises, and property received under Subsection (2)(a)(ii)
5240     for the use and benefit of rural citizens within the state.
5241          (b) All resources received under Subsection (2)(a)(ii) shall be deposited in the General
5242     Fund as dedicated credits to be used as directed in Subsection (2)(a)(iii).
5243          Section 117. Section 63N-4-105 is amended to read:
5244          63N-4-105. Program manager.
5245          (1) The executive director [of GOED] shall appoint a director for the [Office of] Center
5246     for Rural Development with the approval of the governor.
5247          (2) The director of the [Office of] Center for Rural Development shall be a person
5248     knowledgeable in the field of rural economic development and planning and experienced in
5249     administration.
5250          (3) Upon change of the executive director [of GOED], the director of the [Office of]
5251     Center for Rural Development may not be dismissed without cause for at least 180 days.
5252          [(4) The director of the Office of Rural Development shall serve as staff to the
5253     Governor's Rural Partnership Board and to the executive committee of the Governor's Rural
5254     Partnership Board in accordance with Subsection 63C-10-102(6).]
5255          Section 118. Section 63N-4-106 is amended to read:
5256          63N-4-106. Annual report.
5257          [GOED] The office shall include in the annual written report described in Section
5258     [63N-1-301] 63N-1a-306, a report of the program's operations and recommendations.
5259          Section 119. Section 63N-4-205 is amended to read:
5260          63N-4-205. Report on amount of grants and loans, projects, and outstanding
5261     debt.
5262          The board shall annually provide the following information to the office for inclusion in
5263     the office's annual written report described in Section [63N-1-301] 63N-1a-306:
5264          (1) the total amount of grants and loans the board awarded to eligible counties under

5265     this part during the fiscal year that ended on the June 30 immediately preceding the November
5266     interim meeting;
5267          (2) a description of the projects with respect to which the board awarded a grant or loan
5268     under this part;
5269          (3) the total amount of outstanding debt service that is being repaid by a grant or loan
5270     awarded under this part;
5271          (4) whether the grants and loans awarded under this part have resulted in economic
5272     development within project areas; and
5273          (5) whether the board recommends:
5274          (a) that the grants and loans authorized by this part should be continued; or
5275          (b) any modifications to this part.
5276          Section 120. Section 63N-4-403 is amended to read:
5277          63N-4-403. Duties of the office.
5278          (1) The office shall:
5279          (a) review a business entity's application for a rural employment expansion grant under
5280     this part in the order in which the application is received by the office;
5281          (b) ensure that a rural employment expansion grant is only awarded to a business entity
5282     that meets the requirements of this part; and
5283          (c) as part of the annual written report described in Section [63N-1-301] 63N-1a-306,
5284     prepare an annual evaluation that provides:
5285          (i) the identity of each business entity that was provided a rural employment expansion
5286     grant by the office during the year of the annual report;
5287          (ii) the total amount awarded in rural employment expansion grants for each county;
5288     and
5289          (iii) an evaluation of the effectiveness of the rural employment expansion grant in
5290     bringing significant new employment to rural communities.
5291          (2) The office may:
5292          (a) authorize a rural employment expansion grant for a business entity under this part;
5293          (b) audit a business entity to ensure:
5294          (i) eligibility for a rural employment expansion grant; and
5295          (ii) compliance with this part; and

5296          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
5297     in accordance with the provisions of this part, make rules regarding the:
5298          (i) form and content of an application for a rural employment expansion grant;
5299          (ii) documentation or other requirements for a business entity to receive a rural
5300     employment expansion grant; and
5301          (iii) administration of rural employment expansion grants, including an appeal process
5302     and relevant timelines and deadlines.
5303          Section 121. Section 63N-4-704 is amended to read:
5304          63N-4-704. Requirements for entering into a lease.
5305          (1) In accordance with the provisions of this part and in accordance with Title 63G,
5306     Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules establishing the
5307     eligibility and reporting criteria for an applicant to participate in the program as a lessor of a
5308     rural speculative industrial building, including:
5309          (a) the form and process of submitting an application to the office;
5310          (b) the eligibility requirements of an applicant;
5311          (c) the method and formula for determining lease terms between the office and a lessor
5312     of a rural speculative industrial building; and
5313          (d) the reporting requirements of participants in the program.
5314          (2) In determining whether to approve an application for participation in the program,
5315     the office may prioritize a project:
5316          (a) that will serve underprivileged or underserved communities, including communities
5317     with high unemployment or low median incomes;
5318          (b) where an applicant demonstrates comprehensive planning of the project, including
5319     a business case;
5320          (c) where the applicant, as determined by the office, is likely to have success in
5321     attracting a tenant to assume the office's lease of a rural speculative industrial building in a
5322     short amount of time; and
5323          (d) that maximizes economic development opportunities in accordance with the
5324     economic development needs or plans of a county or a municipality.
5325          (3) Subject to legislative appropriation, a lease may only be entered into by the office
5326     if:

5327          (a) the executive director, after consultation with the [board] GO Utah board, approves
5328     entering into the lease;
5329          (b) the local municipal entity supports the program through the provision of local
5330     incentives, reduced impact fees, or other monetary support for the rural speculative industrial
5331     building; and
5332          (c) the lease terms are not more than $100,000 per year with a maximum five-year
5333     lease term.
5334          (4) The office shall include in the annual written report described in Section
5335     [63N-1-301] 63N-1a-306:
5336          (a) an overview of each lease entered into under this program; and
5337          (b) the success of this program in attracting new or expanding businesses into rural
5338     areas.
5339          Section 122. Section 63N-7-201 is amended to read:
5340          63N-7-201. Powers and duties of office related to tourism development plan --
5341     Annual report and survey.
5342          (1) The office shall:
5343          (a) be the tourism development authority of the state;
5344          (b) develop a tourism advertising, marketing, and branding program for the state;
5345          (c) receive approval from the Board of Tourism Development under Subsection
5346     63N-7-103(1)(a) before implementing the out-of-state advertising, marketing, and branding
5347     campaign;
5348          (d) develop a plan to increase the economic contribution by tourists visiting the state;
5349          (e) plan and conduct a program of information, advertising, and publicity relating to the
5350     recreational, scenic, historic, and tourist advantages and attractions of the state at large; and
5351          (f) encourage and assist in the coordination of the activities of persons, firms,
5352     associations, corporations, travel regions, counties, and governmental agencies engaged in
5353     publicizing, developing, and promoting the scenic attractions and tourist advantages of the
5354     state.
5355          (2) Any plan provided for under Subsection (1) shall address, but not be limited to,
5356     enhancing the state's image, promoting Utah as a year-round destination, encouraging
5357     expenditures by visitors to the state, and expanding the markets where the state is promoted.

5358          (3) The office shall:
5359          (a) conduct a regular and ongoing research program to identify statewide economic
5360     trends and conditions in the tourism sector of the economy; and
5361          (b) include in the annual written report described in Section [63N-1-301] 63N-1-306, a
5362     report on the economic efficiency of the advertising and branding campaigns conducted under
5363     this part.
5364          Section 123. Section 63N-8-102 is amended to read:
5365          63N-8-102. Definitions.
5366          As used in this chapter:
5367          (1) "Digital media company" means a company engaged in the production of a digital
5368     media project.
5369          (2) "Digital media project" means all or part of a production of interactive
5370     entertainment or animated production that is produced for distribution in commercial or
5371     educational markets, which shall include projects intended for Internet or wireless distribution.
5372          (3) "Dollars left in the state" means expenditures made in the state for a state-approved
5373     production, including:
5374          (a) an expenditure that is subject to:
5375          (i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise
5376     and Income Taxes;
5377          (ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;
5378     and
5379          (iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act,
5380     notwithstanding any sales and use tax exemption allowed by law; or
5381          (iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
5382          (b) payments made to a nonresident only to the extent of the income tax paid to the
5383     state on the payments, the amount of per diems paid in the state, and other direct
5384     reimbursements transacted in the state; and
5385          (c) payments made to a payroll company or loan-out corporation that is registered to do
5386     business in the state, only to the extent of the amount of withholding under Section 59-10-402.
5387          (4) "Loan-out corporation" means a corporation owned by one or more artists that
5388     provides services of the artists to a third party production company.

5389          (5) "Motion picture company" means a company engaged in the production of:
5390          (a) motion pictures;
5391          (b) television series; or
5392          (c) made-for-television movies.
5393          (6) "Motion picture incentive" means either a cash rebate from the Motion Picture
5394     Incentive Account or a refundable tax credit under Section 59-7-614.5 or 59-10-1108.
5395          (7) "New state revenues" means:
5396          (a) incremental new state sales and use tax revenues generated as a result of a digital
5397     media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax
5398     Act;
5399          (b) incremental new state tax revenues that a digital media company pays as a result of
5400     a digital media project under:
5401          (i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
5402          (ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and
5403     Information;
5404          (iii) Title 59, Chapter 10, Part 2, Trusts and Estates;
5405          (iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or
5406          (v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
5407          (c) incremental new state revenues generated as individual income taxes under Title
5408     59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by
5409     employees of the new digital media project as evidenced by payroll records from the digital
5410     media company; or
5411          (d) a combination of Subsections (7)(a), (b), and (c).
5412          (8) "Payroll company" means a business entity that handles the payroll and becomes
5413     the employer of record for the staff, cast, and crew of a motion picture production.
5414          (9) "Refundable tax credit" means a refundable motion picture tax credit authorized
5415     under Section 63N-8-103 and claimed under Section 59-7-614.5 or 59-10-1108.
5416          (10) "Restricted account" means the Motion Picture Incentive Account created in
5417     Section 63N-8-103.
5418          (11) "State-approved production" means a production under Subsections (2) and (5)
5419     that is:

5420          (a) approved by the office and ratified by the [board] GO Utah board; and
5421          (b) produced in the state by a motion picture company.
5422          (12) "Tax credit amount" means the amount the office lists as a tax credit on a tax
5423     credit certificate for a taxable year.
5424          (13) "Tax credit certificate" means a certificate issued by the office that:
5425          (a) lists the name of the applicant;
5426          (b) lists the applicant's taxpayer identification number;
5427          (c) lists the amount of tax credit that the office awards the applicant for the taxable
5428     year; and
5429          (d) may include other information as determined by the office.
5430          Section 124. Section 63N-8-103 is amended to read:
5431          63N-8-103. Motion Picture Incentive Account created -- Cash rebate incentives --
5432     Refundable tax credit incentives.
5433          (1) (a) There is created within the General Fund a restricted account known as the
5434     Motion Picture Incentive Account, which the office shall use to provide cash rebate incentives
5435     for state-approved productions by a motion picture company.
5436          (b) All interest generated from investment of money in the restricted account shall be
5437     deposited in the restricted account.
5438          (c) The restricted account shall consist of an annual appropriation by the Legislature.
5439          (d) The office shall:
5440          (i) with the advice of the [board] GO Utah board, administer the restricted account; and
5441          (ii) make payments from the restricted account as required under this section.
5442          (e) The cost of administering the restricted account shall be paid from money in the
5443     restricted account.
5444          (2) (a) A motion picture company or digital media company seeking disbursement of
5445     an incentive allowed under an agreement with the office shall follow the procedures and
5446     requirements of this Subsection (2).
5447          (b) The motion picture company or digital media company shall provide the office with
5448     an incentive request form, provided by the office, identifying and documenting the dollars left
5449     in the state and new state revenues generated by the motion picture company or digital media
5450     company for state-approved production, including any related tax returns by the motion picture

5451     company, payroll company, digital media company, or loan-out corporation under Subsection
5452     (2)(d).
5453          (c) For a motion picture company, an independent certified public accountant shall:
5454          (i) review the incentive request form submitted by the motion picture company; and
5455          (ii) provide a report on the accuracy and validity of the incentive request form,
5456     including the amount of dollars left in the state, in accordance with the agreed upon procedures
5457     established by the office by rule.
5458          (d) The motion picture company, digital media company, payroll company, or loan-out
5459     corporation shall provide the office with a document that expressly directs and authorizes the
5460     State Tax Commission to disclose the entity's tax returns and other information concerning the
5461     entity that would otherwise be subject to confidentiality under Section 59-1-403 or Section
5462     6103, Internal Revenue Code, to the office.
5463          (e) The office shall submit the document described in Subsection (2)(d) to the State
5464     Tax Commission.
5465          (f) Upon receipt of the document described in Subsection (2)(d), the State Tax
5466     Commission shall provide the office with the information requested by the office that the
5467     motion picture company, digital media company, payroll company, or loan-out corporation
5468     directed or authorized the State Tax Commission to provide to the office in the document
5469     described in Subsection (2)(d).
5470          (g) Subject to Subsection (3), for a motion picture company the office shall:
5471          (i) review the incentive request form from the motion picture company described in
5472     Subsection (2)(b) and verify that the incentive request form was reviewed by an independent
5473     certified public accountant as described in Subsection (2)(c); and
5474          (ii) based upon the independent certified public accountant's report under Subsection
5475     (2)(c), determine the amount of the incentive that the motion picture company is entitled to
5476     under the motion picture company's agreement with the office.
5477          (h) Subject to Subsection (3), for a digital media company, the office shall:
5478          (i) ensure the digital media project results in new state revenues; and
5479          (ii) based upon review of new state revenues, determine the amount of the incentive
5480     that a digital media company is entitled to under the digital media company's agreement with
5481     the office.

5482          (i) Subject to Subsection (3), if the incentive is in the form of a cash rebate, the office
5483     shall pay the incentive from the restricted account to the motion picture company,
5484     notwithstanding Subsections 51-5-3(23)(b) and 63J-1-105(6).
5485          (j) If the incentive is in the form of a refundable tax credit under Section 59-7-614.5 or
5486     59-10-1108, the office shall:
5487          (i) issue a tax credit certificate to the motion picture company or digital media
5488     company; and
5489          (ii) provide a [duplicate copy] digital record of the tax credit certificate to the State Tax
5490     Commission.
5491          (k) A motion picture company or digital media company may not claim a motion
5492     picture tax credit under Section 59-7-614.5 or 59-10-1108 unless the motion picture company
5493     or digital media company has received a tax credit certificate for the claim issued by the office
5494     under Subsection (2)(j)(i).
5495          (l) A motion picture company or digital media company may claim a motion picture
5496     tax credit on the motion picture company's or the digital media company's tax return for the
5497     amount listed on the tax credit certificate issued by the office.
5498          (m) A motion picture company or digital media company that claims a tax credit under
5499     Subsection (2)(l) shall retain the tax credit certificate and all supporting documentation in
5500     accordance with Subsection 63N-8-104(6).
5501          (3) (a) Subject to Subsection (3)(b), the office may issue $6,793,700 in tax credit
5502     certificates under this part in a fiscal year.
5503          (b) If the office does not issue tax credit certificates in a fiscal year totaling the amount
5504     authorized under Subsection (3)(a), the office may carry over that amount for issuance in
5505     subsequent fiscal years.
5506          Section 125. Section 63N-8-104 is amended to read:
5507          63N-8-104. Motion picture incentives -- Standards to qualify for an incentive --
5508     Limitations -- Content of agreement between office and motion picture company or
5509     digital media company.
5510          (1) In addition to the requirements for receiving a motion picture incentive as set forth
5511     in this part, the office, in accordance with Title 63G, Chapter 3, Utah Administrative
5512     Rulemaking Act, shall make rules establishing:

5513          (a) the standards that a motion picture company or digital media company must meet to
5514     qualify for the motion picture incentive; and
5515          (b) criteria for determining the amount of the incentive.
5516          (2) The office shall ensure that those standards include the following:
5517          (a) an incentive may only be issued for a state-approved production by a motion picture
5518     company or digital media company;
5519          (b) financing has been obtained and is in place for the production; and
5520          (c) the economic impact of the production on the state represents new incremental
5521     economic activity in the state as opposed to existing economic activity.
5522          (3) With respect to a digital media project, the office shall consider economic
5523     modeling, including the costs and benefits of the digital media project to state and local
5524     governments in determining the motion picture incentive amount.
5525          (4) The office may also consider giving preference to a production that stimulates
5526     economic activity in rural areas of the state or that has Utah content, such as recognizing that
5527     the production was made in the state or uses Utah as Utah in the production.
5528          (5) (a) The office, with advice from the [board] GO Utah board, may enter into an
5529     agreement with a motion picture company or digital media company that meets the standards
5530     established under this section and satisfies the other qualification requirements under this part.
5531          (b) Subject to Subsection 63N-8-103(3), the office may commit or authorize a motion
5532     picture incentive:
5533          (i) to a motion picture company of up to 20% of the dollars left in the state by the
5534     motion picture company, and a motion picture company can receive an additional 5%, not to
5535     exceed 25% of the dollars left in the state by the motion picture company if the company
5536     fulfills certain requirements determined by the office including:
5537          (A) employing a significant percentage of cast and crew from Utah;
5538          (B) highlighting the state of Utah and the Utah Film Commission in the motion picture
5539     credits; or
5540          (C) other promotion opportunities as agreed upon by the office and the motion picture
5541     company; and
5542          (ii) to a digital media company, if the incentive does not exceed 100% of the new state
5543     revenue less the considerations under Subsection (3), but not to exceed 20% of the dollars left

5544     in the state by the digital media company.
5545          (c) The office may not give a cash rebate incentive from the Motion Picture Incentive
5546     Restricted Account for a digital media project.
5547          (6) The office shall ensure that the agreement entered into with a motion picture
5548     company or digital media company under Subsection (5)(a):
5549          (a) details the requirements that the motion picture company or digital media company
5550     must meet to qualify for an incentive under this part;
5551          (b) specifies:
5552          (i) the nature of the incentive; and
5553          (ii) the maximum amount of the motion picture incentive that the motion picture
5554     company or digital media company may earn for a taxable year and over the life of the
5555     production;
5556          (c) establishes the length of time over which the motion picture company or digital
5557     media company may claim the motion picture incentive;
5558          (d) requires the motion picture company or digital media company to retain records
5559     supporting its claim for a motion picture incentive for at least four years after the motion
5560     picture company or digital media company claims the incentive under this part; and
5561          (e) requires the motion picture company or digital media company to submit to audits
5562     for verification of the claimed motion picture incentive.
5563          Section 126. Section 63N-8-105 is amended to read:
5564          63N-8-105. Annual report.
5565          The office shall include the following information in the annual written report described
5566     in Section [63N-1-301] 63N-1a-306:
5567          (1) the office's success in attracting within-the-state production of television series,
5568     made-for-television movies, and motion pictures, including feature films and independent
5569     films;
5570          (2) the amount of incentive commitments made by the office under this part and the
5571     period of time over which the incentives will be paid; and
5572          (3) the economic impact on the state related to:
5573          (a) dollars left in the state; and
5574          (b) providing motion picture incentives under this part.

5575          Section 127. Section 63N-9-104 is amended to read:
5576          63N-9-104. Creation of outdoor recreation office and appointment of director --
5577     Responsibilities of outdoor recreation office.
5578          (1) There is created within the [Governor's Office of Economic Development] office
5579     the Utah Office of Outdoor Recreation.
5580          (2) (a) The executive director shall appoint a director of the outdoor recreation office.
5581          (b) The director [shall report to the executive director and] may appoint staff.
5582          (3) The outdoor recreation office shall:
5583          (a) coordinate outdoor recreation policy, management, and promotion:
5584          (i) among state and federal agencies and local government entities in the state; [and]
5585          (ii) with the Public Lands Policy Coordinating Office created in Section 63J-4-602, if
5586     public land is involved; and
5587          (iii) on a quarterly basis, with the executive director and the executive director of the
5588     Department of Natural Resources;
5589          (b) promote economic development in the state by:
5590          (i) coordinating with outdoor recreation stakeholders;
5591          (ii) improving recreational opportunities; and
5592          (iii) recruiting outdoor recreation business;
5593          (c) promote all forms of outdoor recreation, including vehicular and non-vehicular
5594     outdoor recreation;
5595          [(c)] (d) recommend to the governor and Legislature policies and initiatives to enhance
5596     recreational amenities and experiences in the state and help implement those policies and
5597     initiatives;
5598          (e) in performing the outdoor recreation office's duties, seek to ensure safe and
5599     adequate access to outdoor recreation for all user groups and for all forms of recreation;
5600          [(d)] (f) develop data regarding the impacts of outdoor recreation in the state; and
5601          [(e)] (g) promote the health and social benefits of outdoor recreation, especially to
5602     young people.
5603          (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
5604     Funds Procedures Act, the outdoor recreation office may:
5605          (a) seek federal grants or loans;

5606          (b) seek to participate in federal programs; and
5607          (c) in accordance with applicable federal program guidelines, administer federally
5608     funded outdoor recreation programs.
5609          (5) For purposes of administering this part, the outdoor recreation office may make
5610     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5611          Section 128. Section 63N-9-106 is amended to read:
5612          63N-9-106. Annual report.
5613          The executive director shall include in the annual written report described in Section
5614     [63N-1-301] 63N-1a-306 a report from the director on the activities of the outdoor recreation
5615     office, including a description and the amount of any awarded infrastructure grants and any
5616     awarded UCORE grants.
5617          Section 129. Section 63N-9-203 is amended to read:
5618          63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
5619          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5620     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
5621     an entity to receive an infrastructure grant, including:
5622          (a) the form and process of submitting an application to the outdoor recreation office
5623     for an infrastructure grant;
5624          (b) which entities are eligible to apply for an infrastructure grant;
5625          (c) specific categories of recreational infrastructure projects that are eligible for an
5626     infrastructure grant;
5627          (d) the method and formula for determining grant amounts; and
5628          (e) the reporting requirements of grant recipients.
5629          (2) In determining the award of an infrastructure grant, the outdoor recreation office
5630     may prioritize a recreational infrastructure project that will serve an underprivileged or
5631     underserved community.
5632          (3) An infrastructure grant may only be awarded by the executive director after
5633     consultation with the director and the [board] GO Utah board.
5634          (4) The following entities may not receive an infrastructure grant under this part:
5635          (a) a federal government entity;
5636          (b) a state agency; and

5637          (c) a for-profit entity.
5638          (5) An infrastructure grant may only be awarded under this part:
5639          (a) for a recreational infrastructure project that is accessible to the general public; and
5640          (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
5641     funds having a value equal to or greater than the amount of the infrastructure grant.
5642          (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
5643     provided through an in-kind contribution by the grant recipient, if:
5644          (a) approved by the executive director after consultation with the director and the
5645     [board] GO Utah board; and
5646          (b) the in-kind donation does not include real property.
5647          (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
5648     recipient match described in Subsection (5)(b), will be used for the purchase of real property or
5649     for the purchase or transfer of a conservation easement.
5650          Section 130. Section 63N-9-403 is amended to read:
5651          63N-9-403. Rulemaking and requirements for awarding a UCORE grant.
5652          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5653     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
5654     an entity to receive a UCORE grant, including:
5655          (a) the form and process of submitting an application to the outdoor recreation office
5656     for a UCORE grant;
5657          (b) which entities are eligible to apply for a UCORE grant;
5658          (c) specific categories of children's programs that are eligible for a UCORE grant;
5659          (d) the method and formula for determining grant amounts; and
5660          (e) the reporting requirements of grant recipients.
5661          (2) In determining the award of a UCORE grant, the outdoor recreation office may
5662     prioritize a children's program that will serve an underprivileged or underserved community in
5663     the state.
5664          (3) A UCORE grant may only be awarded by the executive director after consultation
5665     with the director and the [board] GO Utah board.
5666          (4) The following entities may not receive a UCORE grant under this part:
5667          (a) a federal government entity;

5668          (b) a state agency, except for public schools and institutions of higher education; and
5669          (c) a for-profit entity.
5670          (5) In awarding UCORE grants, consideration shall be given to entities that implement
5671     programs that:
5672          (a) contribute to healthy and active lifestyles through outdoor recreation; and
5673          (b) include one or more of the following attributes in their programs or initiatives:
5674          (i) serve children with the greatest needs in rural, suburban, and urban areas of the
5675     state;
5676          (ii) provide students with opportunities to directly experience nature;
5677          (iii) maximize the number of children who can participate;
5678          (iv) commit matching and in-kind resources;
5679          (v) create partnerships with public and private entities;
5680          (vi) include ongoing program evaluation and assessment;
5681          (vii) utilize veterans in program implementation;
5682          (viii) include outdoor or nature-based programming that incorporates concept learning
5683     in science, technology, engineering, or math; or
5684          (ix) utilize educated volunteers in program implementation.
5685          Section 131. Section 63N-13-101 is amended to read:
5686          63N-13-101. Title -- Projects to assist companies to secure new business with
5687     federal, state, and local governments.
5688          (1) This chapter is known as "Procurement Programs."
5689          (2) The Legislature recognizes that:
5690          (a) many Utah companies provide products and services which are routinely procured
5691     by a myriad of governmental entities at all levels of government, but that attempting to
5692     understand and comply with the numerous certification, registration, proposal, and contract
5693     requirements associated with government procurement often raises significant barriers for
5694     those companies with no government contracting experience;
5695          (b) the costs associated with obtaining a government contract for products or services
5696     often prevent most small businesses from working in the governmental procurement market;
5697          (c) currently a majority of federal procurement opportunities are contracted to
5698     businesses located outside of the state;

5699          (d) the [Governor's Office of Economic Development] office currently administers
5700     programs and initiatives that help create and grow companies in Utah and recruit companies to
5701     Utah through the use of state employees, public-private partnerships, and contractual services;
5702     and
5703          (e) there exists a significant opportunity for Utah companies to secure new business
5704     with federal, state, and local governments.
5705          (3) The office, through its executive director:
5706          (a) shall manage and direct the administration of state and federal programs and
5707     initiatives whose purpose is to procure federal, state, and local governmental contracts;
5708          (b) may require program accountability measures; and
5709          (c) may receive and distribute legislative appropriations and public and private grants
5710     for projects and programs that:
5711          (i) are focused on growing Utah companies and positively impacting statewide
5712     revenues by helping these companies secure new business with federal, state, and local
5713     governments;
5714          (ii) provide guidance to Utah companies interested in obtaining new business with
5715     federal, state, and local governmental entities;
5716          (iii) would facilitate marketing, business development, and expansion opportunities for
5717     Utah companies in cooperation with the [Governor's Office of Economic Development's]
5718     office's Procurement Technical Assistance Center Program and with public, nonprofit, or
5719     private sector partners such as local chambers of commerce, trade associations, or private
5720     contractors as determined by the office's director to successfully match Utah businesses with
5721     government procurement opportunities; and
5722          (iv) may include the following components:
5723          (A) recruitment, individualized consultation, and an introduction to government
5724     contracting;
5725          (B) specialized contractor training for companies located in Utah;
5726          (C) a Utah contractor matching program for government requirements;
5727          (D) experienced proposal and bid support; and
5728          (E) specialized support services.
5729          (4) (a) The office, through its executive director, shall make any distribution referred to

5730     in Subsection (3) on a semiannual basis.
5731          (b) A recipient of money distributed under this section shall provide the office with a
5732     set of standard monthly reports, the content of which shall be determined by the office to
5733     include at least the following information:
5734          (i) consultive meetings with Utah companies;
5735          (ii) seminars or training meetings held;
5736          (iii) government contracts awarded to Utah companies;
5737          (iv) increased revenues generated by Utah companies from new government contracts;
5738          (v) jobs created;
5739          (vi) salary ranges of new jobs; and
5740          (vii) the value of contracts generated.
5741          Section 132. Section 63N-16-101 is enacted to read:
5742     
CHAPTER 16. UTAH BROADBAND CENTER AND ACCESS ACT

5743     
Part 1. General Provisions

5744          63N-16-101. Title.
5745          This chapter is known as the "Utah Broadband Center and Access Act."
5746          Section 133. Section 63N-16-102 is enacted to read:
5747          63N-16-102. Definitions.
5748          As used in this chapter:
5749          (1) "Broadband center" means the Utah Broadband Center created in Section
5750     63N-16-201.
5751          (2) "Eligible applicant" means:
5752          (a) a telecommunications provider or an Internet service provider;
5753          (b) a local government entity and one or more private entities, collectively, who are
5754     parties to a public-private partnership established for the purpose of expanding affordable
5755     broadband access in the state; or
5756          (c) a tribal government.
5757          (3) "Public-private partnership" means an arrangement or agreement between a
5758     government entity and one or more private persons to fund and provide for a public need
5759     through the development or operation of a public project in which the private person or persons
5760     share with the government entity the responsibility or risk of developing, owning, maintaining,

5761     financing, or operating the project.
5762          (4) "Underserved area" means an area of the state that is underserved in terms of the
5763     area's access to broadband service, as further defined by rule made by the broadband center.
5764          (5) "Unserved area" means an area of the state that is rural and unserved in terms of the
5765     area's access to broadband service, as further defined by rule made by the broadband center.
5766          Section 134. Section 63N-16-201 is enacted to read:
5767     
Part 2. Utah Broadband Center

5768          63N-16-201. Utah Broadband Center -- Creation -- Director -- Duties.
5769          (1) There is created within the office the Utah Broadband Center.
5770          (2) The executive director shall appoint a director of the broadband center to oversee
5771     the operations of the broadband center.
5772          (3) The broadband center shall:
5773          (a) ensure that publicly funded broadband projects continue to be publicly accessible
5774     and provide a public benefit;
5775          (b) develop a statewide digital connectivity plan;
5776          (c) carry out the duties described in Section 63N-16-202; and
5777          (d) administer the broadband access grant program in accordance with Part 3,
5778     Broadband Access Grant Program.
5779          Section 135. Section 63N-16-202, which is renumbered from Section 63N-3-501 is
5780     renumbered and amended to read:
5781          [63N-3-501].      63N-16-202. Infrastructure and broadband coordination.
5782          (1) The [office] broadband center shall partner with the Automated Geographic
5783     Reference Center created in Section 63F-1-506 to collect and maintain a database and
5784     interactive map that displays economic development data statewide, including:
5785          (a) voluntarily submitted broadband availability, speeds, and other broadband data;
5786          (b) voluntarily submitted public utility data;
5787          (c) workforce data, including information regarding:
5788          (i) enterprise zones designated under Section 63N-2-206;
5789          [(ii) business resource centers;]
5790          [(iii)] (ii) public institutions of higher education; and
5791          [(iv)] (iii) procurement technical assistance centers;

5792          (d) transportation data, which may include information regarding railway routes,
5793     commuter rail routes, airport locations, and major highways;
5794          (e) lifestyle data, which may include information regarding state parks, national parks
5795     and monuments, United States Forest Service boundaries, ski areas, golf courses, and hospitals;
5796     and
5797          (f) other relevant economic development data as determined by the office, including
5798     data provided by partner organizations.
5799          (2) The [office] broadband center may:
5800          (a) make recommendations to state and federal agencies, local governments, the
5801     governor, and the Legislature regarding policies and initiatives that promote the development
5802     of broadband-related infrastructure in the state and help implement those policies and
5803     initiatives;
5804          (b) facilitate coordination between broadband providers and public and private entities;
5805          (c) collect and analyze data on broadband availability and usage in the state, including
5806     Internet speed, capacity, the number of unique visitors, and the availability of broadband
5807     infrastructure throughout the state;
5808          (d) create a voluntary broadband advisory committee, which shall include broadband
5809     providers and other public and private stakeholders, to solicit input on broadband-related policy
5810     guidance, best practices, and adoption strategies;
5811          (e) work with broadband providers, state and local governments, and other public and
5812     private stakeholders to facilitate and encourage the expansion and maintenance of broadband
5813     infrastructure throughout the state; and
5814          (f) in accordance with the requirements of Title 63J, Chapter 5, Federal Funds
5815     Procedures Act, and in accordance with federal requirements:
5816          (i) apply for federal grants;
5817          (ii) participate in federal programs; and
5818          (iii) administer federally funded broadband-related programs.
5819          Section 136. Section 63N-15-103 is amended to read:
5820          63N-15-103. Reporting and use of appropriations.
5821          (1) The office shall include in the office's 2020 and 2021 annual reports to the governor
5822     and the Legislature under Section [63N-1-301] 63N-1a-306 the following information about

5823     each of the grant programs established under this chapter:
5824          (a) the number of applications submitted under the grant program;
5825          (b) the number of grants awarded under the grant program;
5826          (c) the aggregate amount of grant funds awarded under the grant program; and
5827          (d) any other information the office considers relevant to evaluating the success of the
5828     grant program.
5829          (2) After providing notice to members of the legislative committee, the executive
5830     director, in cooperation with the director of the Division of Finance, may move funds among
5831     the following programs to make efficient and full use of CARES Act funding:
5832          (a) the COVID-19 Commercial Rental and Mortgage Assistance Program described in
5833     Chapter 14, COVID-19 Commercial Rental and Mortgage Assistance Program;
5834          (b) any of the programs described in this chapter;
5835          (c) after consultation with the commissioner of the Department of Agriculture and
5836     Food, the COVID-19 Agricultural Operations Grant Program described in Section 4-18-106.1;
5837          (d) after consultation with the executive director of the Department of Heritage and
5838     Arts, the COVID-19 Cultural Assistance Grant Program described in Title 9, Chapter 6, Part 9,
5839     COVID-19 Cultural Assistance Grant Program; and
5840          (e) after consultation with the executive director of the Department of Workforce
5841     Services, COVID-19 Residential Housing Assistance described in Title 35A, Chapter 8, Part
5842     23, COVID-19 Residential Housing Assistance.
5843          Section 137. Section 63N-16-301 is enacted to read:
5844     
Part 3. Broadband Access Grant Program

5845          63N-16-301. Creation of Broadband Access Grant Program.
5846          (1) There is established a grant program known as the Broadband Access Grant
5847     Program that is administered by the broadband center in accordance with this part.
5848          (2) (a) The broadband center may award a grant under this part to an eligible applicant
5849     who submits to the broadband center an application that includes a proposed project to extend
5850     broadband service to individuals and businesses in an unserved area or an underserved area by
5851     providing last-mile connections to end users.
5852          (b) Subsection (2)(a) does not prohibit the broadband center from awarding a grant for
5853     a proposed project that also includes middle-mile elements that are necessary for the last-mile

5854     connections.
5855          (3) In awarding grants under this part, the broadband center shall:
5856          (a) based on the following criteria and in the order provided, prioritize proposed
5857     projects:
5858          (i) located in unserved areas;
5859          (ii) located in underserved areas;
5860          (iii) (A) that the eligible applicant developed after meaningful engagement with the
5861     impacted community to identify the community's needs and innovative means of providing a
5862     public benefit that addresses the community's needs; and
5863          (B) that include, as a component of the proposed project, a long-term public benefit to
5864     the impacted community developed in response to the eligible applicant's engagement with the
5865     community;
5866          (iv) located in an economically distressed area of the state, as measured by indices of
5867     unemployment, poverty, or population loss;
5868          (v) that make the greatest investment in last-mile connections;
5869          (vi) that provide higher speed broadband access to end users; and
5870          (vii) for which the eligible applicant provides at least 25% of the money needed for the
5871     proposed project, with higher priority to proposed projects for which the eligible applicant
5872     provides a greater percentage of the money needed for the proposed project; and
5873          (b) consider the impact of available funding for the proposed project from other
5874     sources, including money from matching federal grant programs.
5875          (4) The broadband center may not award a grant under this part that exceeds
5876     $7,500,000.
5877          (5) For a project that the eligible applicant cannot complete in a single fiscal year, the
5878     broadband center may distribute grant proceeds for the project over the course of the project's
5879     construction.
5880          (6) In awarding grants under this part, the broadband center shall ensure that grant
5881     funds are not used in a manner that causes competition among projects that are substantially
5882     supported by state funds, as determined in accordance with rule made by the broadband center.
5883          (7) As provided in and subject to the requirements of Title 63G, Chapter 2,
5884     Government Records Access and Management Act, a record submitted to the broadband center

5885     that contains a trade secret or confidential commercial information described in Subsection
5886     63G-2-305(2) is a protected record.
5887          Section 138. Section 63N-16-302 is enacted to read:
5888          63N-16-302. Duties of the broadband center.
5889          (1) The broadband center shall:
5890          (a) establish an application process by which an eligible applicant may apply for a
5891     grant under this part, which application shall include:
5892          (i) a declaration, signed under penalty of perjury, that the application is complete, true,
5893     and correct; and
5894          (ii) an acknowledgment that the eligible applicant is subject to audit;
5895          (b) establish a method for the broadband center to determine which eligible applicants
5896     qualify to receive a grant;
5897          (c) establish a formula to award grant funds; and
5898          (d) report the information described in Subsections (1)(a) through (c) to the director of
5899     the Division of Finance.
5900          (2) Subject to appropriation, the broadband center shall:
5901          (a) collect applications for grant funds from eligible applicants;
5902          (b) determine which applicants qualify for receiving a grant; and
5903          (c) award the grant funds in accordance with the process established under Subsection
5904     (1) and in accordance with Section 63N-16-301.
5905          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5906     broadband center may make rules to administer the grant program.
5907          Section 139. Section 72-1-209 is amended to read:
5908          72-1-209. Department to cooperate in programs relating to scenic centers.
5909          The department shall cooperate in planning and promoting road-building programs into
5910     the scenic centers of the state and in providing camping grounds and facilities in scenic centers
5911     for tourists with:
5912          (1) the Governor's Office of Economic [Development] Opportunity;
5913          (2) other states;
5914          (3) all national, state, and local planning and zoning agencies and boards;
5915          (4) municipal and county officials; and

5916          (5) other agencies.
5917          Section 140. Section 72-4-302 is amended to read:
5918          72-4-302. Utah State Scenic Byway Committee -- Creation -- Membership --
5919     Meetings -- Expenses.
5920          (1) There is created the Utah State Scenic Byway Committee.
5921          (2) (a) The committee shall consist of the following 13 members:
5922          (i) a representative from each of the following entities appointed by the governor:
5923          (A) the Governor's Office of Economic [Development] Opportunity;
5924          (B) the Utah Department of Transportation;
5925          (C) the Department of Heritage and Arts;
5926          (D) the Division of Parks and Recreation;
5927          (E) the Federal Highway Administration;
5928          (F) the National Park Service;
5929          (G) the National Forest Service; and
5930          (H) the Bureau of Land Management;
5931          (ii) one local government tourism representative appointed by the governor;
5932          (iii) a representative from the private business sector appointed by the governor; and
5933          (iv) three local elected officials from a county, city, or town within the state appointed
5934     by the governor.
5935          (b) Except as provided in Subsection (2)(c), the members appointed in this Subsection
5936     (2) shall be appointed for a four-year term of office.
5937          (c) The governor shall, at the time of appointment or reappointment for appointments
5938     made under Subsection (2)(a)(i), (ii), (iii), or (iv) adjust the length of terms to ensure that the
5939     terms of committee members are staggered so that approximately half of the committee is
5940     appointed every two years.
5941          (3) (a) The representative from the Governor's Office of Economic [Development]
5942     Opportunity shall chair the committee.
5943          (b) The members appointed under Subsections (2)(a)(i)(E) through (H) serve as
5944     nonvoting, ex officio members of the committee.
5945          (4) The Governor's Office of Economic [Development] Opportunity and the
5946     department shall provide staff support to the committee.

5947          (5) (a) The chair may call a meeting of the committee only with the concurrence of the
5948     department.
5949          (b) A majority of the voting members of the committee constitute a quorum.
5950          (c) Action by a majority vote of a quorum of the committee constitutes action by the
5951     committee.
5952          (6) A member may not receive compensation or benefits for the member's service, but
5953     may receive per diem and travel expenses as allowed in:
5954          (a) Section 63A-3-106;
5955          (b) Section 63A-3-107; and
5956          (c) rules made by the Division of Finance according to Sections 63A-3-106 and
5957     63A-3-107.
5958          Section 141. Section 72-7-504 is amended to read:
5959          72-7-504. Advertising prohibited near interstate or primary system -- Exceptions
5960     -- Logo advertising -- Department rules.
5961          (1) As used in this section, "specific service trailblazer sign" means a guide sign that
5962     provides users with business identification or directional information for services and eligible
5963     activities that are advertised on a logo advertising sign authorized under Subsection (3)(a)(i).
5964          (2) Outdoor advertising that is capable of being read or comprehended from any place
5965     on the main-traveled way of an interstate or primary system may not be erected or maintained,
5966     except:
5967          (a) directional and other official signs and notices authorized or required by law,
5968     including signs and notices pertaining to natural wonders and scenic and historic attractions,
5969     informational or directional signs regarding utility service, emergency telephone signs, buried
5970     or underground utility markers, and above ground utility closure signs;
5971          (b) on-premise signs advertising the sale or lease of property upon which the
5972     on-premise signs are located;
5973          (c) on-premise signs advertising major activities conducted on the property where the
5974     on-premise signs are located;
5975          (d) public assembly facility signs;
5976          (e) unified commercial development signs that have received a waiver as described in
5977     Section 72-7-504.6;

5978          (f) signs located in a commercial or industrial zone;
5979          (g) signs located in unzoned industrial or commercial areas as determined from actual
5980     land uses; and
5981          (h) logo advertising under Subsection (3).
5982          (3) (a) The department may itself or by contract erect, administer, and maintain
5983     informational signs:
5984          (i) on the main-traveled way of an interstate or primary system, as it existed on June 1,
5985     1991, specific service signs for the display of logo advertising and information of interest,
5986     excluding specific service trailblazer signs as defined in rules adopted in accordance with
5987     Section 41-6a-301, to the traveling public if:
5988          (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
5989     the lease or other contract agreement with a private party for the sign or sign space; and
5990          (B) the private party for the lease of the sign or sign space pays an amount set by the
5991     department to be paid to the department or the party under contract with the department under
5992     this Subsection (3); and
5993          (ii) only on rural conventional roads as defined in rules adopted in accordance with
5994     Section 41-6a-301 in a county of the fourth, fifth, or sixth class for tourist-oriented directional
5995     signs that display logo advertising and information of interest to the traveling public if:
5996          (A) the department complies with Title 63G, Chapter 6a, Utah Procurement Code, in
5997     the lease or other contract agreement with a private party for the tourist-oriented directional
5998     sign or sign space; and
5999          (B) the private party for the lease of the sign or sign space pays an amount set by the
6000     department to be paid to the department or the party under contract with the department under
6001     this Subsection (3).
6002          (b) The amount shall be sufficient to cover the costs of erecting, administering, and
6003     maintaining the signs or sign spaces.
6004          (c) (i) Any sign erected pursuant to this Subsection (3) which was existing as of March
6005     1, 2015, shall be permitted as if it were in compliance with this Subsection (3).
6006          (ii) A noncompliant sign shall only be permitted for the contract period of the
6007     advertising contract.
6008          (iii) A new advertising contract may not be issued for a noncompliant sign.

6009          (d) The department may consult the Governor's Office of Economic [Development]
6010     Opportunity in carrying out this Subsection (3).
6011          (4) (a) Revenue generated under Subsection (3) shall be:
6012          (i) applied first to cover department costs under Subsection (3); and
6013          (ii) deposited [in] into the Transportation Fund.
6014          (b) Revenue in excess of costs under Subsection (3)(a) shall be deposited [in] into the
6015     General Fund as a dedicated credit for use by the Governor's Office of Economic
6016     [Development] Opportunity no later than the following fiscal year.
6017          (5) Outdoor advertising under Subsections (2)(a), (f), (g), and (h) shall conform to the
6018     rules made by the department under Sections 72-7-506 and 72-7-507.
6019          Section 142. Section 79-4-1103 is amended to read:
6020          79-4-1103. Governor's duties -- Priority of federal property.
6021          (1) During a fiscal emergency, the governor shall:
6022          (a) if financially practicable, work with the federal government to open and maintain
6023     the operation of one or more national parks, national monuments, national forests, and national
6024     recreation areas in the state, in the order established under this section; and
6025          (b) report to the speaker of the House and the president of the Senate on the need, if
6026     any, for additional appropriations to assist the division in opening and operating one or more
6027     national parks, national monuments, national forests, and national recreation areas in the state.
6028          (2) The director of the Outdoor Recreation Office, created in Section 63N-9-104, in
6029     consultation with the executive director of the Governor's Office of Economic [Development]
6030     Opportunity, shall determine, by rule, the priority of national parks, national monuments,
6031     national forests, and national recreation areas in the state.
6032          (3) In determining the priority described in Subsection (2), the director of the Outdoor
6033     Recreation Office shall consider the:
6034          (a) economic impact of the national park, national monument, national forest, or
6035     national recreation area in the state; and
6036          (b) recreational value offered by the national park, national monument, national forest,
6037     or national recreation area.
6038          (4) The director of the Outdoor Recreation Office shall:
6039          (a) report the priority determined under Subsection (2) to the Natural Resources,

6040     Agriculture, and Environment Interim Committee by November 30, 2014; and
6041          (b) annually review the priority set under Subsection (2) to determine whether the
6042     priority list should be amended.
6043          Section 143. Repealer.
6044          This bill repeals:
6045          Section 63C-10-101, Title.
6046          Section 63C-10-102, Governor's Rural Partnership Board -- Creation --
6047     Membership -- Vacancies -- Chairs -- Expenses.
6048          Section 63C-10-103, Duties.
6049          Section 63N-1-501, Governor's Economic Development Coordinating Council --
6050     Membership -- Expenses.
6051          Section 63N-1-502, Council powers and duties.
6052          Section 63N-3-108, Financial assistance to companies that create economic
6053     impediments.
6054          Section 63N-3-109.5, Financial assistance to entities offering economic
6055     opportunities in the nonattainment area.
6056          Section 63N-3-201, Title.
6057          Section 63N-3-202, Purpose.
6058          Section 63N-3-203, Definitions.
6059          Section 63N-3-205, Business team consultants.
6060          Section 63N-3-301, Title.
6061          Section 63N-3-302, Purpose.
6062          Section 63N-3-303, Definitions.
6063          Section 63N-3-304, Establishment and administration of business resource centers
6064     -- Components.
6065          Section 63N-3-305, Duties and responsibilities of a business resource center.
6066          Section 63N-3-306, Advisory group.
6067          Section 63N-3-307, Office duties.
6068          Section 63N-12-501, Definitions.
6069          Section 144. Appropriation.
6070          The following sums of money are appropriated for the fiscal year beginning July 1,

6071     2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
6072     fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
6073     Act, the Legislature appropriates the following sums of money from the funds or accounts
6074     indicated for the use and support of the government of the state of Utah.
6075     ITEM 1
6076          To Economic Development - Business Development
6077               From General Fund
$842,100

6078               Schedule of Programs:
6079                    Corporate Recruitment and Business Services     $767,100
6080                    Outreach and International Trade               $75,000
6081     ITEM 2
6082          To Economic Development - Administration
6083               From General Fund, One-time
$75,000

6084               Schedule of Programs:
6085                    Administration                         $75,000
6086     ITEM 3
6087          To Legislature - Senate
6088               From General Fund
$3,200

6089               Schedule of Programs:
6090                    Administration                         $3,200
6091     ITEM 4
6092          To Legislature - House of Representatives
6093               From General Fund
$3,200

6094               Schedule of Programs:
6095                    Administration                         $3,200
6096          Section 145. Effective date.
6097          This bill takes effect July 1, 2021.
6098          Section 146. Revisor instructions.
6099          The Legislature intends that the Office of Legislative Research and General Counsel, in
6100     preparing the Utah Code database for publication, make the following changes in any new
6101     language added to the Utah Code by legislation passed during the 2021 General Session:

6102          (1) replace "Governor's Office of Economic Development" with "Governor's Office of
6103     Economic Opportunity"; and
6104          (2) replace "GOED" with "the GO Utah office".
6105          Section 147. Coordinating H.B. 348 with H.B. 356 -- Superseding technical and
6106     substantive amendments.
6107          If this H.B. 348 and H.B. 356, Rural Economic Development Tax Increment Financing,
6108     both pass and become law, it is the intent of the Legislature that the amendments to Subsection
6109     63N-2-104(3)(c) in H.B. 356 supersede the amendments to Subsection 63N-2-104(3)(c) in this
6110     bill when the Office of Legislative Research and General Counsel prepares the Utah Code
6111     database for publication.